CELEX: C2002/169/04
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court 16 May 2002 in Case C-482/99: French Republic v Commission of the European Communities (State aid — Article 87(1) EC — Aid granted by the French Republic to Stardust Marine — Decision 2000/513/EC — State resources — Imputability to the State — Prudent investor operating in a market economy)

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);