22.10.2011

Official Journal of the European Union

C 311/6

(Case C-279/08 P) (<span class="super">1</span>)

(Appeal - State aid - Article 87(1) EC - Emission trading scheme for nitrogen oxides - Classification of the national measure as State aid - Decision declaring aid to be compatible with the common market - Concept of selectivity - Advantage financed through State resources - Protection of the environment - Obligation to state the reasons for decision - Admissibility)

2011/C 311/07

Language of the case: Dutch

Parties

Appellant: European Commission (represented by: C. Urraca Caviedes, K. Gross and H. van Vliet, Agents)

Other parties to the proceedings: Kingdom of the Netherlands (represented by: C.M. Wissels and D.J.M. de Grave, Agents), Federal Republic of Germany (represented by: M. Lumma, B. Klein and T. Henze, Agents)

Interveners in support of the Kingdom of the Netherlands: French Republic (represented by: G. de Bergues, A.-L. Vendrolini, J. Gstalter and B. Cabouat, Agents), Republic of Slovenia (represented by: V. Klemenc, Agent), United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson, S. Behzadi-Spencer, S. Ossowski and H. Walker, Agents, and by K. Bacon, Barrister)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 10 April 2008 in Case T-233/04 Kingdom of the Netherlands v Commission, by which the Court of First Instance annulled Commission Decision C(2003) 1761 final of 24 June 2003 relating to State aid N 35/2003 concerning the emission trading scheme for nitrogen oxides notified by the Kingdom of the Netherlands

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Court of First Instance of the European Communities of 10 April 2008 in Case T-233/04 Netherlands v Commission;

2.Dismisses the cross-appeals;

3.Dismisses the action at first instance;

4.Orders the Kingdom of the Netherlands to pay the costs incurred by the European Commission relating to the proceedings at first instance and to bear its own costs in those proceedings.

5.Orders the European Commission and the Kingdom of the Netherlands to bear their own costs relating to the appeal.

6.Orders the Federal Republic of Germany, the French Republic, the Republic of Slovenia and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(<span class="super">1</span>) OJ C 223, 30.8.2008.