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Document 62014TJ0074
Judgment of the General Court (Seventh Chamber) of 6 July 2017.
French Republic v European Commission.
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Re-opening of the formal investigation procedure — Obligation to state reasons.
Case T-74/14.
Judgment of the General Court (Seventh Chamber) of 6 July 2017.
French Republic v European Commission.
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Re-opening of the formal investigation procedure — Obligation to state reasons.
Case T-74/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 6 July 2017 —
France v Commission
(Case T‑74/14)
(State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Re-opening of the formal investigation procedure — Obligation to state reasons)
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1. |
Actions for annulment—Judgment annulling a measure—Scope—Commission decision finding aid incompatible with the internal market and ordering its recovery—Annulment for error of law and manifest errors of assessment—New analysis required by the judgment annulling a measure able to be carried out by the Commission without starting the investigation of the case afresh—Right to be heard having been respected at the time of the adoption of the contested decision—Adoption of a new decision without reopening the formal investigation procedure—Lawfulness (Arts 108(2) TFEU and 266 TFEU; Council Regulation No 659/1999) (see paras 44-60) |
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2. |
Acts of the institutions—Statement of reasons—Obligation—Scope—Commission decision on State aid (Art. 296 TFEU) (see paras 68-74) |
Re:
APPLICATION under Article 263 TFEU for annulment of Commission Decision C(2013) 7066 final of 20 November 2013, concerning State aid SA.16237 (C 58/2002) (ex N 118/2002) implemented by France in favour of SNCM.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the French Republic to pay the costs. |