ECLI:EU:T:2003:137

«(Inland waterway transport – Community fleet capacity – Conditions for putting new vessels into service (old-for-new rule) – Exemption)» Summary of the Judgment 1.. Transport – Inland waterway transport – Structural improvements – Regulation No 718/1999 – Scope – Dredgers not used for carrying goods – Exemption – Restrictive interpretation – Burden of proof (Council Regulation No 718/1999, Arts 1 and 2(2)(g)) 2.. Transport – Inland waterway transport – Structural improvements – Contribution to inland waterways fund – Exemption for specialised vessels – Restrictive interpretation – Burden of proof (Council Regulation No 718/1999, Art. 4(6)) 3.. Transport – Inland waterway transport – Structural improvements – Contribution to inland waterways fund – Commission decision rejecting an application for exemption in favour of specialised vessels – Absence of reasoning in relation to a non-binding opinion given by a group of experts – No bearing on the lawfulness of the decision (Council Regulation No 718/1999, Art. 4(6)) 4.. Community law – Principles – Rights of the defence – Observance thereof during administrative proceedings – Obligation on the party concerned to show due diligence JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)8 May 2003 (1) ((Inland waterway transport – Community fleet capacity – Conditions for putting new vessels into service (old-for-new rule) – Exemption)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber), having regard to the written procedure and further to the hearings on 18 September 2002 and, after the reopening of the oral procedure, 30 January 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Third Chamber) Lenaerts Azizi Jaeger H. Jung K. Lenaerts Registrar President 1 – Language of the case: Dutch.