Judgment of the Court (Fifth Chamber) of 22 March 2001 in Case C-261/99: Commission of the European Communities v French Republic (Failure of a State to fulfil obligations — State aid incompatible with the common market — Recovery — No absolute impossibility of implementation)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, France, State aid, action for failure to fulfil an obligation, control of State aid, textile industry

14.7.2001

EN

Official Journal of the European Communities

C 200/3

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 22 March 2001

(Fifth Chamber)

of 22 March 2001

in Case C-17/99: French Republic v Commission of the
European Communities (1)

(State aid — Rescue and restructuring aid — Procedure for
the examination of State aid — Failure to order a Member
State to disclose the requisite information)

(2001/C 200/03)

in Case C-261/99: Commission of the European Communi-
ties v French Republic (1)

(Failure of a State to fulfil obligations — State aid incompat-
ible with the common market — Recovery — No absolute
impossibility of implementation)

(2001/C 200/04)

(Language of the case: French)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-17/99: French Republic (Agents: K. Rispal-Bellanger
and F. Million) v Commission of the European Communities
(Agent: G. Rozet) — application for annulment of Commission
Decision 1999/378/EC of 4 November 1998 on aid granted
by France to Nouvelle Filature Lainière de Roubaix (OJ 1999
L 145, p. 18) — the Court
(Fifth Chamber), composed
of: A. La Pergola, President of the Chamber, M. Wathelet
(Rapporteur), L. Sevo´ n, S. von Bahr and C.W.A. Timmermans,
Judges; S. Alber, Advocate General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on 22 March
2001, in which it:

1. Dismisses the application;

2. Orders the French Republic to pay the costs.

In Case C-261/99: Commission of the European Communities
(Agent: G. Rozet) v French Republic (Agents: K. Rispal-
Bellanger and F. Million) — application for a declaration that,
by not adopting within the prescribed period the measures
needed to recover from the recipients thereof aid declared
unlawful and incompatible with the common market by
Commission Decision 1999/378/EC of 4 November 1998 on
aid granted by France to Nouvelle Filature Lainière de Roubaix
(OJ 1999 L 145, p. 18), the French Republic has failed to fulfil
its obligations under the fourth paragraph of Article 189 of
the EC Treaty (now the fourth paragraph of Article 249 EC)
and under Articles 4 and 5 of that decision — the Court (Fifth
Chamber), composed of: A. La Pergola, President of the
Chamber, M. Wathelet (Rapporteur), P. Jann, S. von Bahr and
C.W.A. Timmermans,
Judges; S. Alber, Advocate General;
R. Grass, for the Registrar, has given a judgment on 22 March
2001, in which it:

1. Declares that, by failing to comply with Commission Decision
1999/378/EC of 4 November 1998 on aid granted by France
to Nouvelle Filature Lainière de Roubaix, the French Republic
has failed to fulfil its obligations under the EC Treaty;

2. Orders the French Republic to pay the costs.

(1) OJ C 71 of 13.3.1999.

(1) OJ C 281 of 2.10.1999.