Order — ECLI:EU:C:2015:112
Date: 2015-02-11
Language of the case: French
Court formation: Ninth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Ninth Chamber) of 11 February 2015 — Iliad and Others v Commission (Case C‑624/13 P) 1(1) Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Compensation for the costs of providing a public service for the establishment and operation of a very-high-speed broadband electronic communications network 1. Appeals — Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons (Art. 256(1), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 35, 37) 2. Appeals — Grounds — Mistaken assessment of the facts — Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 51) 3. State aid — Planned aid — Examination by the Commission — Preliminary review and main review — Compatibility of the aid with the common market — Difficulties of assessment — Commission’s duty to initiate the main review procedure — Serious difficulties — Definition — Objective nature — Burden of proof (Art. 108(2) and (3), TFEU; Council Regulation No 659/1999, Art. 4(5) (see paras 54-56) 4. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 68) 5. Judicial proceedings — Introduction of new pleas during the proceedings — Inadmissibility — Applicability to appeals (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 127 and 190) (see para. 72) 6. Appeals — Grounds — Ground of appeal raised for the first time on appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 170(1)) (see paras 73, 74) Operative part 1. The appeal is dismissed. 2. Iliad SA, Free Intrastructure SAS and Free SAS are ordered to pay the costs of the European Commission, the French Republic and the Département des Hauts-de-Seine. 1 OJ C 39, 8.2.2014.