Judgment of the Court of First Instance (Second Chamber) of 16 September 2008. – Nortrail Transport GmbH v Commission of the European Communities.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision REM 15/02 of 1 October 2004, finding that the repayment of import duties to the applicant, which are the subject of the application made by the Federal Republic of Germany, is not justified.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Nortrail Transport GmbH to pay its own costs and those incurred by the Commission.