Judgment of the Court of First Instance (Second Chamber, extended composition) of 6 March 2003. Westdeutsche Landesbank Girozentrale and Land Nordrhein-Westfalen v Commission of the European Communities. State aid - Commissions lack of competence - Infringement of the rights of the defence - Infringement of essential procedural requirements - Concept of aid - Infringement of Articles 87 EC and 295 EC - Market economy investor - Appropriate rate of return - Infringement of the obligation to state reasons. Joined cases T-228/99 and T-233/99.

«(State aid – Commission’s lack of competence – Infringement of the rights of the defence – Infringement of essential procedural requirements – Concept of aid – Infringement of Articles 87 EC and 295 EC – Market economy investor – Appropriate rate of return – Infringement of the obligation to state reasons)»

JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)6 March 2003 (1)

((State aid – Commission’s lack of competence – Infringement of the rights of the defence – Infringement of essential procedural requirements – Concept of aid – Infringement of Articles 87 EC and 295 EC – Market economy investor – Appropriate rate of return – Infringement of the obligation to state reasons))

applicants,

intervener,

v

defendant,

intervener,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber, Extended Composition),

having regard to the written procedure and further to the hearing on 5 and 6 June 2002,

gives the following

On those grounds,

THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)

Moura Ramos

Tiili

Pirrung

Mengozzi

Meij

H. Jung

R.M. Moura Ramos

Registrar

President