1. 

Actions for annulment—Judgment annulling a measure—Scope—Commission decision finding aid incompatible with the internal market and ordering its recovery—Annulment for a manifest error of law and manifest errors of assessment—New analysis required by the annulment judgment 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 the annulled decision was adopted—Adoption of a new decision without re-opening the formal investigation procedure—Lawfulness

(Arts 108(2) TFEU and 266 TFEU; Charter of Fundamental Rights, Art. 41; Council Regulation No 659/1999)

(see paras 63-79, 85, 86)

2. 

State aid—Concept—Assessment according to the criterion of the private investor—Assessment of all factors relevant to the transaction at issue and its context—Obligation on the Member State to provide all of the relevant elements for the examination of the criterion of the private investor—Consequences

(Art. 107(1) TFEU)

(see paras 95-107, 152)

3. 

State aid—Concept—Assessment according to the criterion of the private investor—Assessment of all factors relevant to the transaction at issue and its context—Burden of proof on the Member State—Scope

(Art. 107(1) TFEU)

(see paras 118-120, 131-133)

4. 

State aid—Concept—Assessment according to the criterion of the private investor—Account taken of an investor’s social responsibility and the entrepreneurial context—Additional redundancy payments—Criteria for assessment

(Art. 107(1) TFEU)

(see paras 134-142)

5. 

State aid—Concept—Assessment according to the criterion of the private investor—Complex evaluation of economic matters—Discretion of the Commission—Judicial review—Limits

(Art. 107(1) TFEU)

(see paras 153, 154)

6. 

State aid—Concept—Assessment according to the criterion of the private investor—Capital contribution—Capital contributions of private and public investors made at the same time—Criteria for assessment—Comparability of private and public investment conditions

(Art. 107(1), TFEU)

(see paras 197-210)

7. 

State aid—Concept—State intervention mitigating the burdens normally included in the budget of an undertaking—Included—Current account advance agreed to by a State entity in favour of staff made redundant by a company intending to finance the cost of future additional payments—Included

(Art. 107(1), TFEU)

(see paras 218-232)

1. 

Dismisses the action;

2. 

Orders Société nationale maritime Corse Méditerranée (SNCM) to bear its own costs and pay those incurred by the European Commission and Corsica Ferries France;

3. 

Orders the comité d’entreprise de la Société nationale maritime Corse Méditerranée (SNCM) to bear its own costs.