Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Fedecom v Commission

(Case T-243/09)

‛State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Concept of State aid — State resources — Joint financing by a public body and by voluntary contributions from producer organisations — Arguments contrary to the facts submitted during the administrative proceedings — Operating aid — Legitimate expectation’

1. State aid — Commission decision — Assessment of legality by reference to the information available at the time of adoption of the decision — Applicant having participated in the formal investigation procedure not able to rely, in support of his action, in factual elements not submitted during that procedure (Council Regulation No 659/1999, Art. 13(1)) (see paras 39-44, 80, 82)

2. State aid — Concept — Aid from State resources (Art. 87 EC) (see paras 45-48)

3. State aid — Concept — Aid from State resources — Measures financed by both State contributions and voluntary contributions from professionals in a sector — Relevant criterion — Degree of intervention of the public authority in the definition of measures financed by professional contributions and their methods of financing (Art. 87 EC) (see paras 49-56, 60-61, 71, 76-77)

4. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Operating aid — Exclusion (Art. 87(3)(c) EC) (see para. 86)

5. Agriculture — Common organisation of the markets — State aid concerning products subject to a common organisation of the market — Prohibition — Aid favouring the exportation of national products to non-Member States — Not relevant (Art. 87(3)(c) EC) (see para. 87)

6. Community law — Principles — Protection of legitimate expectations — Conditions (see paras 90-91)

7. State aid — Recovery of unlawful aid — Aid granted in breach of the procedural rules under Article 88 EC — Legitimate expectations entertained by the recipients — Protection — Conditions and limits — Inaction on the part of the Commission — No legitimate expectations — No exceptional circumstances (Arts 87 EC and 88 EC) (see paras 92-93, 95-96)

Re:

APPLICATION for annulment of Commission Decision C(2009) 203 final of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by the French Republic.

Operative part

The Court:

1. Dismisses the action;

2. Orders Fédération de l’organisation économique fruits et légumes (Fedecom) to pay the costs.

Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Fedecom v Commission

(Case T-243/09)

‛State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Concept of State aid — State resources — Joint financing by a public body and by voluntary contributions from producer organisations — Arguments contrary to the facts submitted during the administrative proceedings — Operating aid — Legitimate expectation’

1. State aid — Commission decision — Assessment of legality by reference to the information available at the time of adoption of the decision — Applicant having participated in the formal investigation procedure not able to rely, in support of his action, in factual elements not submitted during that procedure (Council Regulation No 659/1999, Art. 13(1)) (see paras 39-44, 80, 82)

2. State aid — Concept — Aid from State resources (Art. 87 EC) (see paras 45-48)

3. State aid — Concept — Aid from State resources — Measures financed by both State contributions and voluntary contributions from professionals in a sector — Relevant criterion — Degree of intervention of the public authority in the definition of measures financed by professional contributions and their methods of financing (Art. 87 EC) (see paras 49-56, 60-61, 71, 76-77)

4. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Operating aid — Exclusion (Art. 87(3)(c) EC) (see para. 86)

5. Agriculture — Common organisation of the markets — State aid concerning products subject to a common organisation of the market — Prohibition — Aid favouring the exportation of national products to non-Member States — Not relevant (Art. 87(3)(c) EC) (see para. 87)

6. Community law — Principles — Protection of legitimate expectations — Conditions (see paras 90-91)

7. State aid — Recovery of unlawful aid — Aid granted in breach of the procedural rules under Article 88 EC — Legitimate expectations entertained by the recipients — Protection — Conditions and limits — Inaction on the part of the Commission — No legitimate expectations — No exceptional circumstances (Arts 87 EC and 88 EC) (see paras 92-93, 95-96)

Re:

APPLICATION for annulment of Commission Decision C(2009) 203 final of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by the French Republic.

Operative part

The Court:

1. Dismisses the action;