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Joined Cases C-75/05 P and C-80/05 P: Judgment of the Court (First Chamber) of 11 September 2008 — Federal Republic of Germany (C-75/05 P), Glunz AG, OSB Deutschland GmbH (C-80/05 P) v Kronofrance SA, Commission of the European Communities (Appeals — State aid — Commission decision not to raise objections — Action for annulment — Admissibility — Interested parties — Regional aid for large investment projects — Multisectoral framework of 1998)

ECLI:EU:UNKNOWN:62005CA0075

62005CA0075

September 11, 2008
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Official Journal of the European Union

C 285/2

(Joined Cases C-75/05 P and C-80/05 P)

(Appeals - State aid - Commission decision not to raise objections - Action for annulment - Admissibility - Interested parties - Regional aid for large investment projects - Multisectoral framework of 1998)

(2008/C 285/02)

Language of the case: German

Appellants: Federal Republic of Germany (represented by: W.-D. Plessing, C. Schulze-Bahr, acting as Agents, M. Núñez-Müller, Rechtsanwalt) (C-75/05 P), Glunz AG, OSB Deutschland GmbH (represented by: H.-J. Niemeyer, Rechtsanwalt)

Other parties to the proceedings: Kronofrance SA (represented by: R. Nierer and L. Gordalla, Rechtsanwälte), Commission of the European Communities (represented by: V. Kreuschitz, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 1 December 2004 in Case T-27/02 (Kronofrance SA v Commission, supported by Glunz AG and OSB Deutschland GmbH), by which the Court annulled the Commission's Decision SG (2001) D of 25 July 2001 not to object to the aid granted by the German authorities to Glunz AG — Infringement of the fourth paragraph of Article 230 EC — Infringement of Article 87(3) EC — Infringement of Article 64 of the Rules of Procedure of the Court of First Instance

Operative part of the judgment

The Court:

1.Dismisses the appeals;

2.Orders the Federal Republic of Germany to pay the costs relating to Case C-75/05 P;

3.Orders Glunz AG and OSB Deutschland GmbH to pay the costs relating to Case C 80/05 P;

4.Orders the Commission of the European Communities to bear its own costs.

(1)

OJ C 106, 30.4.2005.

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