Judgment of the Court 16 May 2002 in Case C-482/99: French Republic v Commission of the European Communities (State aid — Article 87(1) EC — Aid granted by the French Republic to Stardust Marine — Decision 2000/513/EC — State resources — Imputability to the State — Prudent investor operating in a market economy)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, France, State aid, action for annulment (EU), aid system

13.7.2002

EN

Official Journal of the European Communities

C 169/3

1. Dismisses the appeal;

1. Annuls Commission Decision 2000/513/EC of 8 September

1999 on aid granted by France to Stardust Marine;

2. Dismisses the cross-appeal by the Commission;

2. Orders the Commission to pay the costs.

3. Orders Associaça˜o dos Refinadores de Açu´ car Portugueses
(ARAP), Alcântara Refinarias — Açu´cares SA and Refinarias
de Açu´car Reunidas SA (RAR) to pay the costs;

(1) OJ C 63 of 4.3.2000.

4. Orders the Portuguese Republic to pay its own costs.

(1) OJ C 352 of 4.12.1999.

JUDGMENT OF THE COURT

4 June 2002

in Case C-483/99: Commission of the European Communi-
ties v Republic of France (1)

(Failure by a Member State to fulfil its obligations —
Articles 52 of the EC Treaty (now, after amendment,
Article 43 EC) and 73b of the EC Treaty (now Article 56
EC) — Rights attaching to the ‘golden share’ held by the
French Republic in Société Nationale Elf-Aquitaine)

(2002/C 169/05)

(Language of the case: French)

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

In Case C-483/99, Commission of the European Communities
(Agent: M. Patakia) v France (Agents:
initially K. Rispal-
Bellanger and S. Seam, and, subsequently, G. de Bergues and
S. Seam), supported by Kingdom of Spain (Agent: N. Dı´az
Abad) and by United Kingdom of Great Britain and Northern
Ireland (Agent: R. Magrill, assisted by J. Crow, barrister, and
D. Wyatt, QC) APPLICATION for a declaration that, by
maintaining in force Article 2(1) and (3) of Decree No 93-
1298 of 13 December 1993 vesting in the State a ‘golden
share’ in Société Nationale Elf-Aquitaine (JORF of 14 December
1993, p. 17354), according to which the following rights
attach to the ‘golden share’ held by the French Republic in that
company:

(a)

any direct or indirect shareholding by a natural or legal
person, acting alone or in conjunction with others, which
exceeds the ceiling of one tenth, one fifth or one third of
the capital of, or voting rights in, the company must
first be approved by the Minister for Economic Affairs
(Article 2(1) of the Decree);

JUDGMENT OF THE COURT

16 May 2002

in Case C-482/99: French Republic v Commission of the
European Communities (1)

(State aid — Article 87(1) EC — Aid granted by the French
Republic to Stardust Marine — Decision 2000/513/EC —
State resources — Imputability to the State — Prudent
investor operating in a market economy)

(2002/C 169/04)

(Language of the case: French)

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

In Case C-482/99, French Republic (Agents: K. Rispal-Bellanger
and F. Million) v Commission of the European Communities
(Agents: G. Rozet and J. Flett): Application for the annulment
of Commission Decision 2000/513/EC of 8 September 1999
on aid granted by France to Stardust Marine (OJ 2000 L 206,
the Court, composed of: G.C. Rodrı´guez Iglesias,
p. 6),
President, P. Jann, F. Macken, N. Colneric and S. von Bahr
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La
Pergola,
and
C.W.A. Timmermans (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; L. Hewlett, Administrator, for the Registrar, has
given a judgment on 16 May 2002, in which it:

J.N. Cunha Rodrigues

Puissochet,

J.-P.