Case C-214/07: Judgment of the Court (Second Chamber) of 13 November 2008 — Commission of the European Communities v French Republic (State aid — Aid scheme — Incompatibility with the common market — Implementation of the decision — Recovery of the aid granted — Absolute impossibility of giving effect to a decision)
Date: 2008-11-13
Institutions: Court of Justice
Subjects: European Commission, France, State aid, action for failure to fulfil an obligation, company in difficulties, control of State aid, redemption, tax exemption

10.1.2009

EN

Official Journal of the European Union

C 6/5

Re:

Reference for a preliminary ruling — Supreme Court, Ireland —
Interpretation of Article 81(1) EC — Measures limiting or
controlling production — Inclusion of an agreement whose
effect is to reduce structural capacity selectively

the aid scheme implemented by France for the takeover of firms in
difficulty, the French Republic has failed to fulfil
its obligations
under Article 5 of that decision

2. Orders the French Republic to pay the costs

Operative part of the judgment

(1) OJ C 170, 21.7.2007.

An agreement with features such as those of the standard form of
contract concluded between the 10 principal beef and veal processors in
Ireland, who are members of Beef Industry Development Society Ltd,
and requiring, among other things, a reduction of the order of 25 %
in processing capacity, has as its object the prevention, restriction or
distortion of competition within the meaning of Article 81(1) EC.

(1) OJ C 140, 23.6.2007.

Judgment of the Court (Second Chamber) of 13 November
the European Communities v
2008 — Commission of

French Republic

(Case C-214/07) (1)

(State aid — Aid scheme — Incompatibility with the common
market — Implementation of the decision — Recovery of the
aid granted — Absolute impossibility of giving effect to a
decision)

(2009/C 6/08)

Language of the case: French

Parties

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

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

Re:

Failure of a Member State to fulfil obligations — Failure to take,
within the prescribed period, the measures necessary to comply
with Commission Decision of 16 December 2003 on the aid
scheme implemented by France for the takeover of firms in diffi-
culty (State aid C(2003) 4636, OJ 2004 L 108, p. 38) — Failure
to take steps to recover the aid illegally granted — Implementa-
tion of the decision ordering the recovery of the aid not impos-
sible

Judgment of the Court (Second Chamber) of 13 November
the European Communities v
2008 — Commission of

Republic of Poland

(Case C-227/07) (1)

(Failure of a Member State to fulfil obligations — Electronic
communications — Networks and services — Directive
2002/19/EC (Access Directive) — Article 4(1) and the first
subparagraph of Article 5(1) — Incorrect transposition)

(2009/C 6/09)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Shotter and K. Mojzesowicz, acting as Agents)

Defendant: Republic of
Poland (represented initially by:
E. Ośniecka-Tamecka, T. Nowakowski, and subsequently by
M. Dowgielewicz, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Incorrect trans-
position of Directive 2002/19/EC of the European Parliament
and of the Council of 7 March 2002 on access to, and intercon-
nection of, electronic communications networks and associated
facilities (Access Directive) (OJ 2002 L 108, p. 7) — National
requiring, by way of a
legislation on telecommunications
general legal provision, operators of public telecommunications
to negotiate in good faith access contracts and
networks
providing that,
if the parties do not reach an agreement, the
regulatory authority may, at the request of one of the parties,
adopt a decision which will replace the contract

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that, by failing to implement within the prescribed period
Commission Decision 2004/343/EC of 16 December 2003 on

1. Declares that, by failing to transpose correctly Article 4(1) of
Directive 2002/19/EC of
the
Council of 7 March 2002 on access to, and interconnection of,
electronic communications networks and associated facilities (Access
Directive), the Republic of Poland has failed to fulfil its obligations
under that Directive;

the European Parliament and of