Judgment of the Court of First Instance of 15 June 2005 in Case T-349/03 Corsica Ferries France SAS v Commission of the European Communities (State aid — Action for annulment — Restructuring aid — Decision declaring the aid compatible with the common market — Commission guidelines — Duty to give statement of reasons — Compliance with the conditions — Minimal character of the aid)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), aid for restructuring, maritime transport, transport company

20.8.2005

EN

Official Journal of the European Union

C 205/19

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2005

of 15 June 2005

in Case T-102/03 Centro informativo per la collaborazione
tra le imprese e la promozione degli investimenti in Sicilia
SpA (CIS) v Commission of the European Communities (1)

in Case T-349/03 Corsica Ferries France SAS v Commis-
sion of the European Communities (1)

(European Regional Development Fund — Withdrawal of
financial assistance — Failure to take into consideration
expenditure committed by the beneficiary of the assistance —
Article 24 of Regulation (EEC) No 4253/88 — Obligation to
give reasons — Raised by the Court of its own motion)

(State aid — Action for annulment — Restructuring aid —
Decision declaring the aid compatible with the common
market — Commission guidelines — Duty to give statement
of reasons — Compliance with the conditions — Minimal
character of the aid)

(2005/C 205/32)

(2005/C 205/33)

(Language of the case: Italian)

(Language of the case: French)

In Case T-102/03: Centro informativo per la collaborazione tra
le imprese e la promozione degli investimenti in Sicilia SpA
(CIS), established in Catania (Italy), represented by A. Scuderi
lawyers, against Commission of the European
and G. Motta,
Communities (Agents: E. de March and L. Flynn, assisted by A.
Dal Ferro, lawyer, with an address for service in Luxembourg)
— action for annulment of Commission Decision C (2002)
4155 of 15 November 2002, relative to the withdrawal of
assistance from the European Regional Development Fund
(ERDF) granted by Commission Decision C (93) 256/4 of 16
February 1993 in the form of a global grant in respect of the
activities of an information centre for collaboration between
undertakings and the promotion of investment and recovery of
the advance paid by the Commission as part of that assistance
— the Court of First Instance (First Chamber), composed of J.D.
Cooke, President, R. García-Valdecasas and I. Labucka, Judges; J.
Palacio González, Principal Administrator,
for the Registrar,
gave a judgment on 22 June 2005, in which it:

1. Annuls Commission Decision C (2002) 4155 of 15 November
2002 on the withdrawal of assistance from the European Regional
Development Fund granted by Commission Decision C (93)
256/4 of 16 February 1993 in so far as it withdraws assistance
concerning the expenditure effected by the Centro informativo per
la collaborazione tra le imprese e la promozione degli investimenti
in Sicilia SpA in the certified amount of ITL 688 505 743;

In Case T-349/03: Corsica Ferries France SAS, established in
Bastia (France), represented by S. Rodrigues and C. Scapel,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: C. Giolito
and H. van Vliet, with an address for service in Luxembourg),
supported by the French Republic (Agents: G. de Bergues and
S. Ramet, with an address for service in Luxembourg) and by
Société nationale maritime Corse Meditérranée (SNCM) SA,
established in Marseille (France),
initially represented by H.
Tassey, then by O. d'Ormesson and A. Bouin, lawyers — action
for annulment of Commission Decision 2004/166/EC of 9 July
2003 on aid which France intends to grant for the restructuring
of the Société Nationale Maritime Corse-Méditerranée (SNCM)
(OJ 2004 L 61, p. 13) — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, V. Tiili and O.
Czúcz,
for the Registrar,
gave a judgment on 15 June 2005, in which it:

I. Natsinas, Administrator,

Judges;

1. Annuls Commission Decision 2004/166/EC of 9 July 2003 on
aid which France intends to grant for the restructuring of the
Société Nationale Maritime Corse-Méditerranée (SNCM);

2. Orders the Commission to pay the applicant's costs and to bear its

own costs.

2. Orders the Commission to bear its own costs and to pay those

incurred by the applicant.

3. Orders the French Republic and SNCM to bear their own costs.

(1) OJ C 112 of 10.5.2003.

(1) OJ C 7 of 10. 01. 2004