C 90/22 EN Official Journal of the European Union 18.4.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 4 March 2009 — 1. In Cases T-265/04 and T-292/04, annuls Commission Decision di Navigazione and Others v Commission No 2005/163/EC of 16 March 2004 concerning State aid granted by to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia); (Joined Cases T-265/04, T-292/04 and T-504/04) ( 1)

(State aid — Maritime transport — Subsidies paid by the 2. In Case T-504/04, declares that the action has become devoid of Italian authorities to regional undertakings — Decision purpose; declaring the aid in part compatible and in part incompatible with the common market — Action for annulment — Admis- 3. In Case T-265/04, orders the Commission to bear its own costs sibility — Legal interest in bringing proceedings — New or and to pay those of Caremar SpA, Siremar SpA, Saremar SpA existing aid — Duty to state reasons — Article 4(3) of and Toremar SpA; Regulation (EEC) No 3577/92)

(2009/C 90/33) 4. In Case T-504/04, orders the Commission to bear its own costs Language of the case: Italian and to pay those of Navigazione Libera del Golfo SpA;

5. In Case T-504/04, orders the Italian Republic and Caremar to Parties bear their own costs. Applicants in Case T-265/04: Tirrenia di Navigazione SpA, formerly Tirrenia di Navigazione SpA and Adriatica di Navi- ( 1 ) OJ C 239, 25.9.2004. gazione SpA, (, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)

Applicants in Case T-292/04: Caremar SpA; Toremar SpA (Leghorn (Livorno), Italy); Siremar SpA (, Italy); and Saremar SpA (Cagliari, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)

Applicant in Case T-504/04: Navigazione Libera del Golfo SpA Judgment of the Court of First Instance of 10 March 2009 (Naples, Italy) (represented by: S. Ravenna and A. Abate, — Aker Warnow Werft and Kvaerner v Commission lawyers)

(Case T-68/05) ( 1) (State aid — Shipbuilding — Former German Democratic Defendant: Commission of the European Communities (rep- Republic — Aid paid to cover losses from shipbuilding resented by: V. Di Bucci and E. Righini, Agents) contracts — Competition aid — No excess payment) (2009/C 90/34) Interveners in support of the defendant: Caremar SpA (represented Language of the case: English by: G. Roberti, A. Franchi and G.Belletti, initially, and G. Roberti and G. Belletti, subsquently, lawyers) and the Italian Republic (represented by: M. Fiorilli, Agent) Parties Applicants: Aker Warnow Werft GmbH (Rostock, Germany); and Kvaerner ASA (Oslo, Norway) (represented by: M. Schütte, lawyer, and B. Immenkamp, Solicitor, and then by M. Schütte) Re:

Annulment in part of the Commission Decision No Defendant: Commission of the European Communities (rep- 2005/163/EC of 16 March 2004 concerning State aid granted resented by: V. Kreuschitz and L. Flynn, acting as Agents) by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia) (OJ 2005 L 53, p. 29). Re: Application for annulment of Commission Decision Operative part of the judgment 2005/374/EC of 20 October 2004 on a State aid measure implemented by Germany for Kvaerner Warnow Werft (OJ The Court: 2005 L 120, p. 21). 18.4.2009 EN Official Journal of the European Union C 90/23

Operative part of the judgment 2. Orders the Commission to pay the costs. The Court:

( 1 ) OJ C 143, 11.6.2005. 1. Annuls Commission Decision 2005/374/EC of 20 October 2004 on a State aid measure implemented by Germany for Kvaerner Warnow Werft;

2. Orders the Commission to bear its own costs and pay those incurred by Aker Warnow Werft GmbH and Kvaerner ASA.

( 1 ) OJ C 106, 30.4.2005. Judgment of the Court of First Instance of 11 March 2009 — Borax Europe v Commission

(Case T-166/05) ( 1) (Access to documents — Regulation (EC) No 1049/2001 — Documents and sound recordings — Refusal of access — Judgment of the Court of First Instance of 11 March 2009 Exception relating to the protection of the privacy and — Borax Europe v Commission integrity of the individual — Exception relating to the protection of the decision-making process)

(Case T-121/05) ( 1) (2009/C 90/36) (Access to documents — Regulation (EC) No 1049/2001 — Language of the case: English Documents and sound recordings — Refusal of access — Exception relating to the protection of the privacy and integrity of the individual — Exception relating to the Parties protection of the decision-making process) Applicant: Borax Europe Ltd (Guildford, United Kingdom) (rep- (2009/C 90/35) resented by: D. Vandermeersch and K. Nordlander, lawyers)

Language of the case: English Defendant: Commission of the European Communities (rep- resented by: P. Costa de Oliveira and I. Chatzigiannis, acting as Agents) Parties

Applicant: Borax Europe Ltd (Guildford, United Kingdom) (rep- Re: resented by: D. Vandermeersch and K. Nordlander, lawyers) Application for annulment of the decision of 21 February 2005 Defendant: Commission of the European Communities (rep- of the Secretary-General of the Commission refusing access to resented by: P. Costa de Oliveira and I. Chatzigiannis, acting certain documents and sound recordings in connection with the as Agents) 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the Re: classification, packaging and labelling of dangerous substances Application for annulment of the decision of 17 January 2005 (OJ, English Special Edition 1967(I), p. 234) of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive Operative part of the judgment 67/548/EEC of 27 June 1967 on the approximation of the The Court: laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances 1. Annuls the decision of 21 February 2005 of the Secretary-General (OJ, English Special Edition 1967(I), p. 234) of the Commission refusing Borax Europe Ltd access to the recordings of the meeting of 5 and 6 October 2004, to two drafts of the summary record of that meeting, to thirteen Operative part of the judgment comments from experts, to two comments from industry represen- The Court: tatives and to the document submitted by the Danish Rapporteur;

1. Annuls the decision of 17 January 2005 of the Secretary-General 2. Orders the Commission to pay the costs. of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical 1 progress of Council Directive 67/548/EEC of 27 June 1967 on ( ) OJ C 155, 25.6.2005. the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;