Judgment of the Court of First Instance (Fourth Chamber) of 26 January 2006. – Stadtwerke Schwäbisch Hall GmbH, Stadtwerke Tübingen GmbH and Stadtwerke Uelzen GmbH v Commission of the European Communities.

Subject of the case

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 nuclear power plants for the safe disposal of radioactive waste and the definitive shutdown of nuclear power plants do not constitute aid within the meaning of Article 87(1) EC

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicants, in addition to bearing their own costs, to pay those incurred by the Commission and by the interveners.