CELEX: 62009TA0226
Language: en
Date: 2013-09-16 00:00:00
Title: Joined Cases T-226/09 and T-230/09: Judgment of the General Court of 16 September 2013 — British Telecommunications and BT Pension Scheme Trustees v Commission (State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid)

9.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/20
            
         Judgment of the General Court of 16 September 2013 — British Telecommunications and BT Pension Scheme Trustees v Commission
   (Joined Cases T-226/09 and T-230/09) (1)
   
   (State aid - Partial exemption from the obligation to contribute to the Pension Protection Fund - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - Advantage - Selective nature - Adverse effect on competition - Effect on trade between Member States - Equal treatment - Proportionality - Legitimate expectations - Obligation to state reasons - Putting into effect of the aid)
   2013/C 325/33
   Language of the case: English
   
      Parties
   
   
      Applicants: British Telecommunications (London, United Kingdom) (represented by: G. Robert, M. Newhouse and T. Castorina, Solicitors, and by J. Holmes, Barrister, and H. Legge QC) (Case T-226/09) and BT Pension Scheme Trustees Ltd (London) (represented by: J. Derenne and A. Müller-Rappard, lawyers) (Case T-230/09)
   
      Defendant: European Commission (represented by: L. Flynn and N. Khan, acting as Agents)
   
      Re:
   
   Application for annulment of Commission Decision 2009/703/EC of 11 February 2009 concerning the State aid C-55/2007 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Public guarantee in favour of [British Telecommunications] (OJ 2009 L 242, p. 21).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the actions;
            
         
               2.
            
            
               In Case T-226/09, orders British Telecommunications plc to pay the costs;
            
         
               3.
            
            
               In Case T-230/09, orders BT Pension Scheme Trustees Ltd to pay the costs.
            
         
      (1)  OJ C 193, 15.8.2009.