Judgment of the General Court (Ninth Chamber) of 26 February 2015 — Orange v Commission

(Case T‑385/12)

‛State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage — Selective nature — Adverse effect on competition — Rights of the defence’

1. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Reduction of costs linked to the remuneration of employees — Included (Art. 107(1) TFEU) (see paras 34-37)

2. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Included — Measure concerning the method of financing the retirements of officials attached to the beneficiary undertaking — Reduction of the consideration paid by the beneficiary undertaking to the State — Included (Art. 107(1) TFEU) (see paras 38-41)

3. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Measure designed to compensate for a structural disadvantage constituted by additional obligations concerning the retirements of officials attached to the beneficiary undertaking — Included (Art. 107(1) TFEU) (see paras 42, 43)

4. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid (Arts 107(1) TFEU and 296 TFEU) (see paras 47-49, 58-62, 103-108)

5. State aid — Concept — Selective nature of the measure — Ad hoc measure concerning a single undertaking — Included — No need to compare the beneficiary with other operators in a comparable factual and legal situation having regard to the objective pursued by the measure (Art. 107(1) TFEU) (see paras 53, 54)

6. Actions for annulment — Actionable measures — Concept — Measures capable of affecting a given legal position — Action directed only against the reasoning of a measure — Inadmissibility (Art. 263 TFEU) (see para. 70)

7. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Discretion of the Commission — Complex evaluation of economic matters — Judicial review — Limits (Art. 107(1) and (3) TFEU) (see paras 81-86, 91-95)

8. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Assessment in the light of Article 107(3)(c) TFEU — Taking into account previous practice — Exclusion (Art. 107(3)(c) TFEU) (see paras 98-100)

9. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Application of fixed rates in the notice on reference rates — Lawfulness (Art. 107(3)(c) TFEU; Commission Notice 96/C 232/06) (see paras 117-123)

10. State aid — Examination by the Commission — Administrative procedure — Obligation of the Commission to give notice to the interested parties to submit their comments — Right of the aid beneficiary to be sufficiently involved in the procedure — Limits (Art. 108(2) TFEU) (see paras 131, 132)

11. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Absence — Inadmissibility — Development of arguments in the reply — Irrelevant (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 134)

Re:

APPLICATION for annulment of Commission Decision 2012/540/EU of 20 December 2011 on State aid C 25/08 (ex NN 23/08) — Reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom implemented by the French Republic in favour of France Télécom (OJ 2012, L 279, p. 1).

Operative part

The Court:

1. Dismisses the action;