Judgment of the General Court (Seventh Chamber) of 9 April 2014 — Greece v Commission

(Case T‑150/12)

‛State aid — Interest-free loans, accompanied by a State guarantee, granted by the Greek authorities to cereal-collecting agricultural cooperatives — Decision declaring the aid incompatible with the internal market — Obligation to state reasons — Advantage — Aid to remedy a serious disturbance in the economy of a Member State’

1. State aid — Commission decision finding aid incompatible with the internal market — Obligation to state reasons — Scope (Arts 108(2) TFEU and 296 TFEU) (see paras 29, 30, 102-106, 110, 128-132, 134)

2. EU law — Interpretation — Acts of the institutions — Statement of reasons — To be taken into consideration (see paras 31, 39)

3. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Possible for the Commission to leave to national authorities the task of calculating the exact amount to be recovered — Decision containing indications enabling the addressee to determine that amount and the beneficiaries having to repay the aid — Infringement of the duty to state reasons — Breach of the principle of legal certainty — None (Art. 108 TFEU) (see paras 32, 33, 40-42, 44, 50, 54, 55)

4. State aid — Recovery of unlawful aid — Calculation of the amount of aid to be recovered and determination of the addressees of the orders for recovery — Member State experiencing difficulties — Duty of cooperation between the Commission and the Member State (Art. 4(3) TEU) (see paras 34, 52)

5. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Obligations of the Member States — Obligation of recovery — Scope (Art. 108 TFEU) (see paras 47, 48)

6. State aid — Administrative procedure — Obligation for the Commission to put the parties concerned on notice to submit their observations — Form of the formal notice (Art. 108(2) TFEU) (see paras 58, 59)

7. State aid — Concept — Interest rate subsidy — State Guarantee — Included — Conditions (Art. 107(1) TFEU) (see paras 69, 71, 72, 78-80, 93-97, 112-117)

8. State aid — Effect on trade between Member States — Adverse effect on competition — Aid of little importance in a sector with lively competition — Agricultural sector (Art. 107(1) TFEU) (see paras 111, 127, 133)

9. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment — Liberalised sector (Art. 107(1) TFEU) (see paras 122-126)

10. State aid — Prohibition — Exceptions — Discretion of the Commission — Judicial review — Limits — Assessment of the legality by reference to the information available to the Commission at the time it adopted its decision (Art. 107(3) TFEU) (see paras 146, 147, 153, 165)

11. State aid — Prohibition — Exceptions — Restrictive interpretation — Obligation on the Commission to assess the compatibility of aid by reference to the substantive rules in force at the time it was paid (Art. 107(1) and (3)(b) TFEU; Commission Notice 2009/C 16/01, point 4.2.2) (see paras 155, 156)

12. State aid — Recovery of unlawful aid — Aid granted in breach of the procedural rules of Article 108 TFEU — Legitimate expectations entertained by the recipients (Arts 107 TFEU and 108(3) TFEU) (see paras 163, 164)

13. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Aid to remedy serious disturbance in the economy of a Member State — Commission notice excluding producers of the agricultural primary production sector from the scope of the derogation — Breach of the principles of proportionality and equal treatment — None (Art. 107(3)(b) TFEU; Commission Notice 2009/C 16/01, point 1.3) (see paras 166-168)

Re:

APPLICATION for annulment of Commission Decision 2012/320/EU of 25 January 2012 concerning aid granted by Greece to cereal-producing farmers and cereal-collecting cooperatives (OJ L 164, p. 10).

Operative part

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

Judgment of the General Court (Seventh Chamber) of 9 April 2014 — Greece v Commission

(Case T‑150/12)

‛State aid — Interest-free loans, accompanied by a State guarantee, granted by the Greek authorities to cereal-collecting agricultural cooperatives — Decision declaring the aid incompatible with the internal market — Obligation to state reasons — Advantage — Aid to remedy a serious disturbance in the economy of a Member State’

1. State aid — Commission decision finding aid incompatible with the internal market — Obligation to state reasons — Scope (Arts 108(2) TFEU and 296 TFEU) (see paras 29, 30, 102-106, 110, 128-132, 134)

2. EU law — Interpretation — Acts of the institutions — Statement of reasons — To be taken into consideration (see paras 31, 39)

3. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Possible for the Commission to leave to national authorities the task of calculating the exact amount to be recovered — Decision containing indications enabling the addressee to determine that amount and the beneficiaries having to repay the aid — Infringement of the duty to state reasons — Breach of the principle of legal certainty — None (Art. 108 TFEU) (see paras 32, 33, 40-42, 44, 50, 54, 55)

4. State aid — Recovery of unlawful aid — Calculation of the amount of aid to be recovered and determination of the addressees of the orders for recovery — Member State experiencing difficulties — Duty of cooperation between the Commission and the Member State (Art. 4(3) TEU) (see paras 34, 52)

5. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Obligations of the Member States — Obligation of recovery — Scope (Art. 108 TFEU) (see paras 47, 48)

6. State aid — Administrative procedure — Obligation for the Commission to put the parties concerned on notice to submit their observations — Form of the formal notice (Art. 108(2) TFEU) (see paras 58, 59)

7. State aid — Concept — Interest rate subsidy — State Guarantee — Included — Conditions (Art. 107(1) TFEU) (see paras 69, 71, 72, 78-80, 93-97, 112-117)

8. State aid — Effect on trade between Member States — Adverse effect on competition — Aid of little importance in a sector with lively competition — Agricultural sector (Art. 107(1) TFEU) (see paras 111, 127, 133)

9. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment — Liberalised sector (Art. 107(1) TFEU) (see paras 122-126)

10. State aid — Prohibition — Exceptions — Discretion of the Commission — Judicial review — Limits — Assessment of the legality by reference to the information available to the Commission at the time it adopted its decision (Art. 107(3) TFEU) (see paras 146, 147, 153, 165)

11. State aid — Prohibition — Exceptions — Restrictive interpretation — Obligation on the Commission to assess the compatibility of aid by reference to the substantive rules in force at the time it was paid (Art. 107(1) and (3)(b) TFEU; Commission Notice 2009/C 16/01, point 4.2.2) (see paras 155, 156)

12. State aid — Recovery of unlawful aid — Aid granted in breach of the procedural rules of Article 108 TFEU — Legitimate expectations entertained by the recipients (Arts 107 TFEU and 108(3) TFEU) (see paras 163, 164)

13. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Aid to remedy serious disturbance in the economy of a Member State — Commission notice excluding producers of the agricultural primary production sector from the scope of the derogation — Breach of the principles of proportionality and equal treatment — None (Art. 107(3)(b) TFEU; Commission Notice 2009/C 16/01, point 1.3) (see paras 166-168)

Re:

APPLICATION for annulment of Commission Decision 2012/320/EU of 25 January 2012 concerning aid granted by Greece to cereal-producing farmers and cereal-collecting cooperatives (OJ L 164, p. 10).

Operative part

The Court:

1. Dismisses the action;