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(Case T-319/05) (*)
(External relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality)
(2010/C 288/55)
Language of the case: German
Applicant: Swiss Confederation (represented by: S. Hirsbrunner, U. Soltész and P. Melcher, lawyers)
Defendant: European Commission (represented by: F. Benyon, M. Huttunen and M. Niejahr, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: C.-D. Quassowski and A. Tiemann, acting as Agents, assisted by T. Masing, lawyer); and Landkreis Waldshut (represented by M. Núñez-Müller, lawyer)
ACTION for annulment of Commission Decision 2004/12/EC of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 (Case TREN/AMA/11/03 — German measures relating to the approaches to Zurich airport) (OJ 2004 L 4, p. 13)
The General Court:
1.Dismisses the action;
2.Orders the Swiss Confederation to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own respective costs.
(*) Language of the case: German.
ECLI:EU:C:2010:288