Language of document :

Judgment of the General Court of 9 September 2010 - Switzerland v Commission

(Case T-319/05) 1

(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)

Language of the case: German

Parties

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)

Re:

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)

Operative part of the judgment

The General Court:

Dismisses the action;

Orders the Swiss Confederation to bear its own costs and to pay those incurred by the European Commission;

Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own respective costs.

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1 - OJ C 94, 17.4.2004 (previously Case C-70/04).