Judgment — ECLI:EU:T:2017:135
Date: 2017-03-01
Language of the case: French
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Sixth Chamber) of 1 March 2017 — France v Commission (Case T‑366/13) (State aid — Maritime cabotage — Aid implemented by France in favour of the Société nationale maritime Corse Méditerranée (SNCM) and the Compagnie méridionale de navigation — Service of general economic interest — Compensation for a service additional to the basic service intended to cover peak periods during the tourist season — Decision declaring aid incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment) 1. State aid — Concept — Measures designed to compensate for the cost of public service missions undertaken by an undertaking — Exclusion — Conditions set out in the Altmark judgment (Art. 107(1) TFEU) (see paras 77-83) 2. Competition — Undertakings entrusted with the operation of services of general economic interest — Definition of services of general economic interest — Member States’ discretion — Limits — Monitoring by the Commission and judicial review limited to cases of manifest error — Possibility of assessment on the basis of guidelines previously adopted by the Commission (Arts 106(2) TFEU, 107(1) TFEU; Council Regulation No 3577/92, Arts 1 and 4; Commission Notice 2012/C 8/02, point 46) (see paras 92-96, 106) 3. State aid — Concept — Measures designed to compensate for the cost of public service missions undertaken by an undertaking — First condition set out in the Altmark judgment — Maritime cabotage sector — Definition of services of general economic interest — Genuine need for a public service — Scope — Obligation on the authorities to demonstrate a lack of private sector initiative (Art. 107(1) TFEU; Council Regulation No 3577/92, Arts 1 and 4) (see paras 98-101) 4. State aid — Concept — Measures designed to compensate for the cost of public service missions undertaken by an undertaking — First condition set out in the Altmark judgment — Maritime cabotage sector — Definition of services of general economic interest — Distinction between basic and additional service — No genuine need for a public service in relation to the additional service (Art. 107(1) TFEU) (see paras 110-117, 119-124, 127-129, 134, 135, 138, 141, 147, 156, 157, 161, 162, 168, 175) 5. State aid — Concept — Measures designed to compensate for the cost of public service missions undertaken by an undertaking — Fourth Altmark condition — Public contract procedure enabling selection of the candidate capable of providing the services in question at the least cost for the public purse — Scope (Art. 107(1) TFEU) (see para. 178) Re: ACTION under Article 263 TFEU for the annulment of Commission Decision 2013/435/EU of 2 May 2013 on State aid SA.22843 (2012/C) (ex 2012/NN) implemented by France in favour of Société Nationale Maritime Corse-Méditerranée (OJ 2013 L 220, p. 20). Operative part The Court: 1. Dismisses the action; 2. Orders the French Republic to pay, in addition to its own costs, those incurred by the European Commission, including those incurred in the interim proceedings.