Notice for the OJ

 

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE

of 1 August 2003

in Case T-198/01 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities

(Proceedings for interim measures ( State aid ( Obligation to recover aid ( Prima facie case ( Urgency ( Weighing up of interests ( Exceptional circumstances ( Provisional suspension)

    (Language of the case: German)

In Case T-198/01 R: Technische Glaswerke Ilmenau GmbH, established at Ilmenau, (Germany), represented by G. Schohe and C. Arhold, lawyers, with an address for service in Luxembourg, against Commission of the European Communities (Agents: V. Di Bucci and V. Kreuschitz), supported by Schott Glas, established at Mainz (Germany), represented by U. Soltész, lawyer ( application for extension of the suspension of the operation, ordered in this case by order of the President of the Court of First Instance of 4 April 2002, of Article 2 of Commission Decision 2002/185/EC of 12 June 2001 on State aid implemented by Germany for Technische Glaswerke Ilmenau GmbH (OJ 2000 L 62, p. 30) ( the President of the Court of First Instance has made an order on 1 August 2003 in which he:

1.Suspends the operation until 17 February 2004 of Article 2 of Commission Decision 2002/185/EC of 12 June 2001 on State aid C 44/2001 implemented by Germany for Technische Glaswerke Ilmenau GmbH;

2.Makes that suspension subject to the following conditions: first, that the four conditions laid down in the second point of the operative part of the order made today in Case T-378/02 R should be satisfied by the applicant, especially as regards the dates fixed therein; second, that the applicant should before 31 December 2003 at the latest repay to the Bundesanstalt für Vereinigungsbedingte Sonderaufgaben an additional sum of EUR 256 000 and that it should lodge at the Registry of the Court of First Instance and at the Commission, within one week of making that payment, and by 7 January 2004 at the latest, written proof of that payment; third, that it should lodge at the Registry of the Court of First Instance and at the Commission, by 6 February 2004 at the latest, a detailed report drawn up by an accountant on its financial situation at 31 December 2003 and, in particular, the additional sum which it would be able to pay by 30 June 2004 at the latest, if judgment in the case in the main proceedings should not have been given by that lastmentioned date.

3.Reserves the costs, including those incurred by the intervener.

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