CELEX: C2002/169/05
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court 4 June 2002 in Case C-483/99: Commission of the European Communities v Republic of France (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)

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 Associação dos Refinadores de Açúcar Portugueses
      (ARAP), Alcântara Refinarias — Açúcares SA and Refinarias            (1) OJ C 63 of 4.3.2000.
      de Açúcar Reunidas SA (RAR) to pay the costs;
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)
                 JUDGMENT OF THE COURT
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Articles 52 of the EC Treaty (now, after amendment,
                            16 May 2002                                     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)
in Case C-482/99: French Republic v Commission of the
                   European Communities (1)
                                                                                                      (2002/C 169/05)
(State aid — Article 87(1) EC — Aid granted by the French
                                                                                                (Language of the case: French)
Republic to Stardust Marine — Decision 2000/513/EC —
State resources — Imputability to the State — Prudent
           investor operating in a market economy)                          (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                          (2002/C 169/04)
                    (Language of the case: French)                          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
(Provisional translation; the definitive translation will be published      S. Seam), supported by Kingdom of Spain (Agent: N. Dı́az
                   in the European Court Reports)                           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-
In Case C-482/99, French Republic (Agents: K. Rispal-Bellanger              1298 of 13 December 1993 vesting in the State a ‘golden
and F. Million) v Commission of the European Communities                    share’ in Société Nationale Elf-Aquitaine (JORF of 14 December
(Agents: G. Rozet and J. Flett): Application for the annulment              1993, p. 17354), according to which the following rights
of Commission Decision 2000/513/EC of 8 September 1999                      attach to the ‘golden share’ held by the French Republic in that
on aid granted by France to Stardust Marine (OJ 2000 L 206,                 company:
p. 6), the Court, composed of: G.C. Rodrı́guez Iglesias,
President, P. Jann, F. Macken, N. Colneric and S. von Bahr                  (a)   any direct or indirect shareholding by a natural or legal
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La                        person, acting alone or in conjunction with others, which
Pergola, J.-P. Puissochet, J.N. Cunha Rodrigues and                               exceeds the ceiling of one tenth, one fifth or one third of
C.W.A. Timmermans (Rapporteur), Judges; F.G. Jacobs, Advo-                        the capital of, or voting rights in, the company must
cate General; L. Hewlett, Administrator, for the Registrar, has                   first be approved by the Minister for Economic Affairs
given a judgment on 16 May 2002, in which it:                                     (Article 2(1) of the Decree);
 ---pagebreak--- C 169/4                  EN                       Official Journal of the European Communities                                          13.7.2002
(b) the right to oppose any decision to transfer or use as                                    JUDGMENT OF THE COURT
      security the assets listed in the annex to the Decree — the
      assets in question being the majority of the capital of four
      subsidiaries of the parent company, namely Elf-Aquitaine
      Production, Elf-Antar France, Elf-Gabon SA and Elf-                                                4 June 2002
      Congo SA (Article 2(3) of the Decree),
                                                                             in Case C-503/99: Commission of the European Communi-
and by failing to lay down sufficiently precise and objective                                 ties v Kingdom of Belgium (1)
criteria for approval of, or opposition to, the abovementioned
operations, the French Republic has failed to comply with its
obligations under Articles 52 (now, after amendment,
                                                                             (Failure by a Member State to fulfil its obligations —
Article 43 EC) to Article 58 of the EC Treaty (now Article 48
                                                                             Articles 52 of the EC Treaty (now, after amendment,
EC) and Article 73b of the EC Treaty (now Article 56 EC), the
                                                                             Article 43 EC) and 73b of the EC Treaty (now Article 56
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann
                                                                             EC) — Rights attaching to the ‘golden shares’ held by the
(Rapporteur), N. Colneric and S. von Bahr (Presidents of
                                                                             Kingdom of Belgium in Société nationale de transport par
Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, J.-
                                                                              canalisations SA and in Société de distribution du gaz SA)
P. Puissochet, R. Schintgen, V. Skouris and J.N. Cunha Rodrigu-
es, Judges; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 4 June 2002, in which it:
                                                                                                       (2002/C 169/06)
1.    Declares that, by maintaining in force Article 2(1) and (3) of
      Decree No 93-1298 of 13 December 1993 vesting in the                                       (Language of the case: French)
      State a ‘golden share’ in Société Nationale Elf-Aquitaine,
      according to which the following rights attach to the ‘golden
      share’ held by the French Republic in that company:                    (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
      (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;                In Case C-503/99, Commission of the European Communities
                                                                             (Agent: M. Patakia) v Kingdom of Belgium (Agent: A. Snoecx,
                                                                             assisted by F. de Montpellier, M. Picat and A. Theissen),
      (b) the right to oppose any decision to transfer or use as             supported by United Kingdom of Great Britain and Northern
            security the assets listed in the annex to the Decree — the      Ireland (Agent: R. Magrill, assisted by J. Crow, barrister,
            assets in question being the majority of the capital of          and D. Wyatt, QC): Application for a declaration that, by
            four subsidiaries of that company, namely Elf-Aquitaine          maintaining in force
            Production, Elf-Antar France, Elf-Gabon SA and Elf-
            Congo SA,
                                                                             —     the provisions of the Royal Decree of 10 June 1994
                                                                                   vesting in the State a ‘golden share’ in Société nationale
      the French Republic has failed to comply with its obligations                de transport par canalisations (Moniteur belge of 28 June
      under Article 73b of the EC Treaty (now Article 56 EC);                      1994, p. 17333), which carries the following rights:
                                                                                   a)   advance notice of any transfer, use as security or
2.    Orders the French Republic to pay the costs;                                      change in the intended destination of the company’s
                                                                                        system of lines and conduits which are used or are
                                                                                        capable of being used as major infrastructures for
3.    Orders the Kingdom of Spain and the United Kingdom of                             the domestic conveyance of energy products must
      Great Britain and Northern Ireland to bear their own costs.                       be given to the Minister responsible, who shall be
                                                                                        entitled to oppose such operations if he considers
                                                                                        that they adversely affect the national interest in the
                                                                                         energy sector;
(1) OJ C 79 of 18.3.2000.
                                                                                   b)    the Minister may appoint two representatives of the
                                                                                         Federal Government to the board of directors of the
                                                                                         company. Those representatives may propose to the
                                                                                         Minister the annulment of any decision of the board