CELEX: C2002/131/43
Language: en
Date: 2002-06-01 00:00:00
Title: Case T-93/02: Action brought on 28 March 2002 by Confédération Nationale du Crédit Mutuel against Commission of the European Communities

1.6.2002               EN                     Official Journal of the European Communities                                        C 131/23
Action brought on 28 March 2002 by Confédération                         In the alternative, the applicant claims that, assuming that aid
Nationale du Crédit Mutuel against Commission of the                     was granted, it cannot be deemed to be existing aid pursuant
                    European Communities                                 to Article 15(3) of Regulation No 659/1999. (1)
                          (Case T-93/02)
                                                                         Pursuant to Article 15 of that regulation, the Commission
                                                                         has been barred from recovering aid since 1985 and the
                         (2002/C 131/43)                                 Commission has infringed the general principle of Community
                                                                         law which requires it to adopt a decision within a reasonable
                                                                         period. Moreover, the contested decision does not contain any
                   (Language of the case: French)                        evidence that the aid was in existence when the Livret Bleu
                                                                         was set up, which is a logical and legal condition which must
                                                                         be met if aid is to be described as new.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               Finally, the applicant claims that the Commission infringed
European Communities on 28 March 2002 by Confédération                   Article 14 of Regulation No 659/1999, Article 253 of the EC
Nationale du Crédit Mutuel, established in Paris, represented            Treaty and the principle of sound administration, impartiality
by Alexandre Carnelutti, lawyer.                                         and fairness.
The applicant claims that the Court should:
                                                                         (1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
                                                                             down detailed rules for the application of Article 93 of the EC
—     annul in its entirety the decision of the Commission of                Treaty (OJ L 83, 1999, p. 1).
      15 January 2002 declaring incompatible with the com-
      mon market state aid implemented by the French Repub-
      lic in favour of Crédit Mutuel;
—     in the alternative, annul Article 2 thereof in so far as it
      orders recovery of the aid identified;
—     order the Commission to pay the costs.
                                                                         Action brought on 29 March 2002 by Hugh McBryan
Pleas in law and main arguments                                            against the Commission of the European Communities
The Livret Bleu is a tax-free savings product intended for the                                     (Case T-96/02)
general public the tax advantage of which directly benefits
the consumer. The applicant was entrusted by the French
authorities in 1975 with the exclusive distribution of that                                       (2002/C 131/44)
savings book. In the contested decision, the Commission found
that the applicant benefited from an overcompensation by the
French State for the running costs of the Livret Bleu, which is
incompatible with the State aid rules of the EC Treaty.                                      (Language of the case: French)
The applicant claims that the Commission infringed
Article 87(1) of the EC Treaty in finding that there was aid.
The Commission applied an unreasonable global method
which is unjustified in the present case and it wrongly identified       An action against the Commission of the European Communi-
funding as State resources. Furthermore, it committed manifest           ties was brought before the Court of First Instance of the
errors of assessment by refusing to take into consideration              European Communities on 29 March 2002 by Hugh McBryan,
the costs incurred, which were properly identified, and by               residing in Brussels, represented by Jean-Noël Louis, lawyer,
endorsing the view taken by the Commission’s consultant.                 with an address for service in Luxembourg.