Case T-565/08: Action brought on 17 December 2008 — Corsica Ferries France v Commission
Date: 2008-12-17
Institutions: Court of First Instance
Subjects: Corsica, State aid, action for annulment (EU), carriage of passengers, maritime transport, transport company

C 55/38

EN

Official Journal of the European Union

7.3.2009

Action brought on 17 December 2008 — Corsica Ferries
France v Commission

(Case T-565/08)

(2009/C 55/68)

Language of the case: French

— infringement of Articles 87 EC and 88 EC and their imple-
menting rules, in particular the Community Guidelines on
State aid for rescuing and restructuring firms in difficulty,
resulting from an inaccurate and/or incomplete assessment
regarding the capital contribution of EUR 53.48 million
under public service compensation; the sale of SNCM at a
negative selling price of EUR 158 million; the capital contri-
bution by CGMF amounting to EUR 8.75 million; social
measures amounting to EUR 38.5 million; and the balance
of EUR 22.5 million notified under restructuring aid.

Parties

Applicant: Corsica Ferries France SAS (Bastia, France)
sented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

(repre-

Action brought on 17 December 2008 — Total Raffinage
Marketing v Commission

Defendant: Commission of the European Communities

Forms of order sought

— declare the present action admissible;

— annul the Commission Decision of 8 July 2008 in relation
to restructuring aid which France plans to grant to Société
Nationale Maritime Corse-Méditerranée (SNCM);

— order the Commission to pay all the costs.

Parties

(Case T-566/08)

(2009/C 55/69)

Language of the case: French

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision
C(2008) 3182 final of 8 July 2008, in which the Commission
had stated that:

— the compensation paid by the French Republic to Société
Nationale Maritime Corse-Méditerranée (‘SNCM’), amounting
to EUR 53.48 million in respect of public service obliga-
tions, constitutes illegal State aid which is nevertheless
compatible with the common market;

— the negative selling price of SNCM of EUR 158 million; the
implementation, by Compagnie Générale Maritime et Finan-
cière (‘CGMF’), of social measures in respect of employees in
the amount of EUR 38.5 million; and the joint and conco-
mitant re-capitalisation of SNCM by CGMF in the amount of
EUR 8.75 million do not constitute State aid; and

— restructuring aid amounting to EUR 15.81 million which
the French Republic granted to SNCM constitutes illegal
State aid which is nevertheless compatible with the common
market;

Applicant: Total Raffinage Marketing SA (Puteaux, France) (repre-
sented by: A. Vandencasteele, C. Falmagne, C. Lemaire and S.
Naudin, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

— annul,

in part, Articles 1 and 2 of Commission Decision
C(2008) 5476 final of 1 October 2008 relating to a
proceeding under Article 81 of the EC Treaty and Article 53
of
(Case COMP/39.181 — Candle
waxes);

the EEA Agreement

— very substantially reduce the amount of the fine imposed on

Total R.M. by Article 2 of that decision;

— order the Commission to pay all of the costs.

Pleas in law and main arguments

In support of its action, the applicant puts forward two pleas in
law alleging:

— failure to state reasons and breach of the applicant's rights
to an effective judicial remedy,
of defence and its right
insofar as too much of the data and information in the
contested decision was blacked out for its content, reasoning
and scope to be understood;

By its present action, the applicant seeks the annulment, in part,
of Commission Decision C(2008) 5476 final of 1 October
in which the
2008 in Case COMP/39.181 — Candle waxes,
including the
Commission found that certain undertakings,
the
applicant,
Agreement on the European Economic Area, by price-fixing and
sharing markets in paraffin waxes in the European Economic
Area (EEA), and slack wax in Germany.

infringed Article 81(1) EC and Article 53 of