CELEX: 62004TA0156
Language: en
Date: 2009-12-15 00:00:00
Title: Case T-156/04: Judgment of the General Court of 15 December 2009 — EDF v Commission (State aid — Aid granted by the French authorities to EDF — Decision declaring that aid incompatible with the common market and ordering its recovery — Procedural rights of the aid beneficiary — Effect on trade between Member States — Criterion of private investor)

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/32
            
         Judgment of the General Court of 15 December 2009 — EDF v Commission
   (Case T-156/04) (1)
   
   (State aid - Aid granted by the French authorities to EDF - Decision declaring that aid incompatible with the common market and ordering its recovery - Procedural rights of the aid beneficiary - Effect on trade between Member States - Criterion of private investor)
   2010/C 37/41
   Language of the case: French
   
      Parties
   
   
      Applicant: Électricité de France (Paris, France) (represented by: M. Debroux, lawyer)
   
      Defendant: European Commission (represented by: J. Buendía Sierra and C. Giolito, acting as Agents)
   
      Intervener in support of the form of order sought by the applicant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, Agents)
   
      Intervener in support of the form of order sought by the defendant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado and É. Barbier de La Serre, lawyers)
   
      Re:
   
   Action for annulment of Articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003;
            
         
               2.
            
            
               Orders the European Commission to bear its own costs and to pay those of Électricité de France (EDF);
            
         
               3.
            
            
               Orders the French Republic to bear its own costs;
            
         
               4.
            
            
               Orders Iberdrola, SA to bear its own costs.
            
         
      (1)  OJ C 179, 10.7.2004.