Judgment — ECLI:EU:T:2019:270
Date: 2019-04-30
Language of the case: French
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: France

summary of the pleas in law on which the application is based — Application not sufficiently clear and precise — Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see paras 41-44) 4. Competition — EU rules — Addressees — Undertakings — Meaning — Operators active in the port sector holding powers conferred by public law — Exercise of economic activities separable from the exercise of powers conferred by public law — Included (Art. 107(1) TFEU) (see paras 69-73, 81-83) 5. State aid — Meaning — Measures designed to compensate for the cost of public service missions undertaken by an undertaking — Not included — Conditions set out in the Altmark judgment (Art. 107(1) TFEU) (see paras 96-99) 6. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment (Art. 107(1) TFEU) (see paras 119-125) 7. State aid — Commission decision finding aid incompatible with the internal market — Obligation to state reasons — Scope — Characterising of the adverse effect on competition and of the affecting of trade between Member States (Arts 107(1) and 296 TFEU) (see paras 126, 27) 8. State aid — Meaning — Assessment, under Article 107(1) TFEU — Taking into account previous practice — Not included (Art. 107(1) TFEU) (see paras 133, 134) Re: Action under Article 263 TFEU for annulment of Commission Decision (EU) 2017/2116 of 27 July 2017 on aid scheme SA.38398 (2016/C, ex 2015/E) implemented by France — Taxation of ports in France (OJ 2017, L 332, p. 24). Operative part The Court: 1. Dismisses the action; 2. Orders the chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest) to pay the costs.