(Case C‑404/04 P)

Appeal – State aid – Article 87(1) EC – Contractual promise of payment – Disappearance of an essential condition of the contract – New pleas and arguments – Substitution of reasons – Application for the hearing of witnesses –Private creditor test – Grounds of the judgment of the Court of First Instance – Determination of the amount of aid – Article 87(3)(c) EC – Right to be heard – Breach, in respect of the Member State concerned, of the rights of the defence

3. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law pleaded not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of procedure of the Court, Art. 112(1)(c), first para.) (see paras 48-50)

5. Community law – Principles – Rights of the defense (Art. 88(2) EC) (see paras 125 and 131)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 8 July 2004 in Case T‑198/01 Technische Glaswerke Ilmenau v Commission dismissing the action for annulment of Commission Decision 2002/185/EC of 12 June 2001 on State aid implemented by Germany for Technische Glaswerke Ilmenau GmbH (Germany) (OJ 2002 L 62, p. 30)

Operative part

The Court:

Dismisses the appeal.

Orders Technische Glaswerke Ilmenau GmbH, in addition to bearing its own costs, to pay the total costs of the Commission of the European Communities related to the interlocutory proceedings and to these proceedings.

Orders Technische Glaswerke Ilmenau GmbH to pay the costs incurred by Schott AG in the interlocutory proceedings.

Orders Schott AG to pay its own costs in these proceedings.