Case C-441/06: Judgment of the Court (Fourth Chamber) of 18 October 2007 — Commission of the European Communities v French Republic (State aid — Duty of recovery — Duty of cooperation)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, France, State aid, action for failure to fulfil an obligation, control of State aid, redemption, telecommunications

C 315/20

EN

Official Journal of the European Union

22.12.2007

Re:

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991
concerning urban waste water (OJ 1991 L 135, p. 40) —
Failure to have ensured appropriate treatment of urban waste
water in 24 agglomerations

of Articles 2 and 3 of the decision and Article 10 EC and the
fourth paragraph of Article 249 EC — Obligation to recover aid
deemed illegal — Practical difficulties in calculating the precise
amount of the aid to be recovered and the existence of an appli-
cation brought against the decision of the Commission declaring
the aid illegal have no impact on that obligation

Operative part of the judgment

The Court:

1. Declares that, by failing to ensure that the agglomerations of Arte-
mida, Chrysoupoli,
Igoumenitsa, Heraklion (Crete), Katerini,
Koropi, Lefkimmi, Litochoro (Prieria), Malia, Markopoulo, Megara,
Nea Kidonia (Crete), Navpaktos, Nea Makri, Parikia (Paros),
zone), Tripoli,
Poros-Galatas, Rafina, Thessaloniki
Zakynthos, Alexandria (Imathia), Edessa and Kalymnos are, where
appropriate, provided with collecting systems for urban waste water
meeting the
requirements of Article 3 of Council Directive
91/271/EEC of 21 May 1991 concerning urban waste water
and/or urban waste water treatment systems satisfying the require-
ments of Article 4 of that directive, the Hellenic Republic has failed
to fulfil its obligations under those articles;

(tourist

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic to pay the costs.

(1) OJ C 310, 16.12.2003.

Judgment of the Court (Fourth Chamber) of 18 October
the European Communities v
2007 — Commission of

French Republic

(Case C-441/06) (1)

(State aid — Duty of recovery — Duty of cooperation)

Operative part of the judgment

The Court:

1. Declares that, by failing to give effect, within the prescribed period,
to Commission Decision 2005/709/EC of 2 August 2004 on the
State aid implemented by France for France Télécom, the French
Republic has failed to fulfil its obligations under Articles 2 and 3
of
that decision, the fourth paragraph of Article 249 EC and
Article 10 EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 310, 16.12.2006.

Judgment of the Court (Third Chamber) of 18 October
2007 (reference for a preliminary ruling from the Korkein
hallinto-oikeus, Finland) — Proceedings brought by Avena
Nordic Grain Oy

(Case C-464/06) (1)

(Agriculture — System of export refunds on agricultural
products — Regulation (EC) No 800/1999 — Article 5 —
Lodging the export declaration — Transmission by fax)

(2007/C 315/34)

Language of the case: Finnish

(2007/C 315/33)

Language of the case: French

Referring court

Korkein hallinto-oikeus

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito, acting as Agent)

Parties to the main proceedings

Applicant Avena Nordic Grain Oy

Defendant: French Republic (represented by: G. de Bergues and S.
Ramet, Agents)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to give
effect, within the prescribed period, to Commission Decision
2005/709/EC of 2 August 2004 on the State aid implemented
by France for France Télécom (OJ 2005 L 269, p. 30) — Breach

Reference for a preliminary ruling — Korkein hallinto-oikeus —
Interpretation of Article 5(5) of Commission Regulation (EC)
No 800/1999 of 15 April 1999 laying down common detailed
rules for the application of the system of export refunds on
agricultural products (OJ 1999 L 102, p. 11) — Failure to take
account of an export declaration sent by fax, the original not
reaching the authorities concerned until after loading operations
— Principles of proportionality and good administration