Case T-93/02: Action brought on 28 March 2002 by Confédération Nationale du Crédit Mutuel against Commission of the European Communities
Date: 2002-06-01
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), banking, control of State aid, infringement of EU law, savings

1.6.2002

EN

Official Journal of the European Communities

C 131/23

Action brought on 28 March 2002 by Confédération
Nationale du Crédit Mutuel against Commission of the
European Communities

In the alternative, the applicant claims that, assuming that aid
was granted, it cannot be deemed to be existing aid pursuant
to Article 15(3) of Regulation No 659/1999. (1)

(Case T-93/02)

(2002/C 131/43)

(Language of the case: French)

Pursuant to Article 15 of that regulation, the Commission
has been barred from recovering aid since 1985 and the
Commission has infringed the general principle of Community
law which requires it to adopt a decision within a reasonable
period. Moreover, the contested decision does not contain any
evidence that the aid was in existence when the Livret Bleu
was set up, which is a logical and legal condition which must
be met if aid is to be described as new.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 March 2002 by Confédération
Nationale du Crédit Mutuel, established in Paris, represented
by Alexandre Carnelutti, lawyer.

Finally, the applicant claims that the Commission infringed
Article 14 of Regulation No 659/1999, Article 253 of the EC
Treaty and the principle of sound administration, impartiality
and fairness.

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC
Treaty (OJ L 83, 1999, p. 1).

The applicant claims that the Court should:

— annul in its entirety the decision of the Commission of
15 January 2002 declaring incompatible with the com-
mon market state aid implemented by the French Repub-
lic in favour of Crédit Mutuel;

— in the alternative, annul Article 2 thereof in so far as it

orders recovery of the aid identified;

— order the Commission to pay the costs.

Pleas in law and main arguments

Action brought on 29 March 2002 by Hugh McBryan
against the Commission of the European Communities

The Livret Bleu is a tax-free savings product intended for the
general public the tax advantage of which directly benefits
the consumer. The applicant was entrusted by the French
authorities in 1975 with the exclusive distribution of that
savings book. In the contested decision, the Commission found
that the applicant benefited from an overcompensation by the
French State for the running costs of the Livret Bleu, which is
incompatible with the State aid rules of the EC Treaty.

(Case T-96/02)

(2002/C 131/44)

(Language of the case: French)

that

claims

applicant

The
the Commission infringed
Article 87(1) of the EC Treaty in finding that there was aid.
The Commission applied an unreasonable global method
which is unjustified in the present case and it wrongly identified
funding as State resources. Furthermore, it committed manifest
errors of assessment by refusing to take into consideration
the costs incurred, which were properly identified, and by
endorsing the view taken by the Commission’s consultant.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 March 2002 by Hugh McBryan,
residing in Brussels, represented by Jean-Noël Louis, lawyer,
with an address for service in Luxembourg.