Judgment — ECLI:EU:C:2015:90
Date: 2015-02-12
Language of the case: French
Court formation: Eighth Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Eighth Chamber) of 12 February 2015 — Commission v France (Case C‑37/14) 1(1) Failure of a Member State to fulfil obligations — State aid — ‘Contingency plans’ — Fruit and vegetable sector — Unlawful aid incompatible with the internal market — Recovery — Failure to act 1. State aid — Recovery of unlawful aid — Application of national law — Conditions — Implementation of a procedure ensuring immediate and effective execution of the Commission’s decision (Arts 108(2) TFEU and 288, fourth para., TFEU; Council Regulation No 659/1999, Art. 14(3); Commission Decision 2009/402) (see paras 51-57, 61, 64) 2. Actions for failure to fulfil obligations — Failure to comply with the obligation to recover unlawful aid — Defences — Absolute impossibility of implementation — Criteria for assessment — Difficulties in implementing — Obligation for the Member State to undertake real steps as regards the undertakings at issue and to propose alternative solutions to the Commission enabling such difficulties to be overcome s — Obligation of the Commission and of the Member State, where difficulties arise regarding implementation, to cooperate in finding a solution consistent with the Treaty — Failure to adopt within the periods prescribed the measures necessary to recover from the beneficiaries the aid declared unlawful — Failure to fulfil obligations (Art. 4(3) TEU; Art. 108(2) TFEU and 288, fourth para., TFEU; Council Regulation No 659/1999, Art. 14(3); Commission Decision 2009/402) (see paras 65-67, 69-71, 87, 88, 90, operative part) 3. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Defences — Legality of the decision called in question — Inadmissibility (Arts 108(2) TFEU and 263 TFEU) (see para. 77) 4. State aid — Recovery of unlawful aid — Detailed rules for recovery — Conduct of a private creditor — Obligation to use all the legal means available, including liquidation of the beneficiary (Art. 108(2) TFEU) (see paras 83, 84) Operative part The Court: 1. Declares that, by having failed to adopt, within the period prescribed, all the measures necessary to recover from the beneficiaries of the State aid declared unlawful and incompatible with the internal market in Article 1 of Commission Decision 2009/402/EC of 28 January 2009 on the contingency plans in the fruit and vegetable sector implemented by France (C 29/05 (ex NN 57/05)) and by having failed to provide the European Commission, within the period prescribed, with the information listed in Article 4 of that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision; 2. Orders the French Republic to pay the costs. 1 OJ C 102, 7.4.2014.