This document is an excerpt from the EUR-Lex website
Document 62013TN0366
Case T-366/13: Action brought on 12 July 2013 — France v Commission
Case T-366/13: Action brought on 12 July 2013 — France v Commission
Case T-366/13: Action brought on 12 July 2013 — France v Commission
IO C 252, 31.8.2013, p. 42–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
IO C 252, 31.8.2013, p. 27–28
(HR)
31.8.2013 |
EN |
Official Journal of the European Union |
C 252/42 |
Action brought on 12 July 2013 — France v Commission
(Case T-366/13)
2013/C 252/70
Language of the case: French
Parties
Applicant: French Republic (represented by: E. Belliard, G. de Bergues, D. Colas and N. Rouam, Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
Annul in its entirety Decision C(2013) 1926 final of the European Commission of 2 May 2013 on State aid No SA.22843 2012 implemented by France in favour of the Société Nationale Corse Méditerranée and the Compagnie Méridionale de Navigation; |
— |
order the Commission to pay the costs |
Pleas in law and main arguments
By its application, the applicant seeks the annulment of Commission Decision C(2013) 1926 final of 2 May 2013, by which the Commission, first, classified as State aid the financial compensation paid to the Société Nationale Corse Méditerranée (SNCM) and the Compagnie Méridionale de Navigation (CNM) in respect of maritime transport services provided between Marseilles and Corsica under a public service agreement during the period 2007-2013. Next, the Commission declared compatible with the internal market the compensation paid to SNCM and CNM for transport services provided throughout the year (‘the basic service’) but declared incompatible with the internal market the compensation paid in respect of the services provided during peak periods, namely Christmas, February, Spring-Autumn and/or Summer (‘the additional services’). Lastly, the Commission ordered the recovery of the aid declared incompatible with the internal market (State aid Case SA.22843 2012/C(ex 2012/NN).
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, divided into two parts, alleging that the concept of State aid within the meaning of Article 107(1) TFEU was misapplied, the Commission having classified the compensation paid to SNCM and CNM as State aid, on the basis the the first and fourth conditions laid down by the Court of Justice in Case C-280/00 Altmark Trans and Regierungspräsidium Magdeberg [2003] ECR I-7747 were not fully satisfied.
|
2. |
Second plea in law, alleging, in the alternative, infringement of Article 106(2) TFEU, the Commission having taken the view that the financial compensation paid to SNCM in respect of the additional service constituted State aid incompatible with the internal market, on the basis that that service was not a service of general economic interest. |