CELEX: 62009CJ0549
Failure to fulfil obligations
State aid
Aid granted to fish farmers and fishermen
Decision declaring that aid incompatible with the common market
Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission
Non-compliance
Absolute impossibility of compliance

Failure of a Member State to fulfil obligations – Failure to take the measures necessary to implement Commission Decision
2005/239/EC of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen (OJ 2005
L 74, p. 49) – Obligation to recover immediately the aid declared unlawful and incompatible with the common market and to
inform the Commission thereof.
Operative part
The Court:
1.
Declares that, by failing to implement, within the prescribed period, Commission Decision 2005/239/EC of 14 July 2004 concerning
certain aid measures applied by France to assist fish farmers and fishermen, by recovering from the recipients of the aid
declared unlawful and incompatible with the common market by Articles 2 and 3 of that decision, the French Republic has failed
to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Article 4 of that decision;
2.
Orders the French Republic to pay the costs.