Judgments (Information) nº T-92/02 of Court of First Instance of the European Communities, January 26, 2006

• Resolution Date: January 26, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-92/02

Judgment of the Court of First Instance (Fourth Chamber) of 26 January 2006 − Stadtwerke Schwäbisch Hall and Others v Commission

(Case T-92/02)

State aid – Tax emption scheme applied to the reserves established by nuclear installations established in Germany for the purpose of eliminating their radioactive waste and the definitive shutdown of their nuclear installations – Decision finding that there is no State aid at the end of the preliminary examination procedure – Action for annulment

1. State aid – Plans to grant aid – Examination by the Commission – Preliminary review and main review (Art. 88(2) and (3) EC) (see paras 46-56)

2. State aid – Definition – Selective nature of the measure (Art. 87(1) EC) (see paras 67-93, 96-102, 108-114)

   Re:

   Annulment of Commission Decision C(2001) 3967 final of 11 December 2001 declaring that the German provisions relating to reserves set aside by the operators of...