Reference for a preliminary ruling from the Cour administrative d’appel de Nantes (France) lodged on 10 June 2009 — Scott SA, Kimberly Clark SNC, now Kimberly Clark SAS v City of Orléans

(Case C-210/09)

2009/C 205/36

Language of the case: French

Referring court

Cour administrative d’appel de Nantes

Parties to the main proceedings

Applicants: Scott SA, Kimberly Clark SNC, now Kimberly Clark SAS

Defendant: City of Orléans

Question referred

Is a possible annulment by the French administrative court of the assessments issued for the recovery of aid declared on 12 July 2000 by the Commission of the European Communities to be incompatible with the common market, (1) on the ground that those assessments infringe legislative provisions relating to the physical presentation of those assessments, given the ability of the competent administrative authority to remedy the vitiating defect in those decisions, such as to hinder the immediate and effective implementation of the Decision of the Commission of the European Communities of 12 July 2000, contrary to Article 14(3) of the Council Regulation of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty? (2)

(1)  Commission Decision of 12 July 2000 on the state aid granted by France to Scott Paper SA Kimberly-Clark (OJ 2002 L 12, p. 1).

(2)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).