19.11.2011 |
EN |
Official Journal of the European Union |
C 340/26 |
Action brought on 9 September 2011 — France v Commission
(Case T-479/11)
2011/C 340/54
Language of the case: French
Parties
Applicant: French Republic (represented by: E. Belliard, G. de Bergues, B. Beaupère-Manokha and J. Gstalter, acting as Agents)
Defendant: European Commission
Form of order sought
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Annul the contested decision in its entirety; |
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Order the Commission to pay the costs. |
Pleas in law and main arguments
By its application, the applicant seeks annulment of Commission Decision C(2011) 4483 final of 29 June 2011 relating to State aid No NN C 35/2008 granted by France to the industrial and commercial public body, the Institut Français du Pétrole (French Petroleum Institute; ‘IFP’).
In support of the action, the applicant puts forward three pleas in law:
1. |
First plea, alleging an error of law in that the Commission did not establish to the requisite legal standard the existence of State aid. The applicant argues that, when concluding that there was State aid, the Commission did not comply with the rules governing proof in relation to State aid, as regards either the burden of proof or the standard of proof. |
2. |
Second plea, divided into four parts, alleging errors of fact and law in so far as the Commission held there to be an implicit unlimited State guarantee in favour of the IFP. The applicant submits that:
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3. |
Third plea, divided into two parts, alleging an error in the application of the concept of ‘advantage’ for the purposes of Article 107(1) TFEU, inasmuch as:
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