CELEX: C2001/200/04
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 March 2001 in Case C-261/99: Commission of the European Communities v French Republic (Failure of a State to fulfil obligations — State aid incompatible with the common market — Recovery — No absolute impossibility of implementation)

14.7.2001               EN                      Official Journal of the European Communities                                               C 200/3
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                       (Fifth Chamber)
                          (Fifth Chamber)
                                                                                                      of 22 March 2001
                         of 22 March 2001
                                                                           in Case C-261/99: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
in Case C-17/99: French Republic v Commission of the
                   European Communities (1)
                                                                           (Failure of a State to fulfil obligations — State aid incompat-
                                                                           ible with the common market — Recovery — No absolute
                                                                                            impossibility of implementation)
(State aid — Rescue and restructuring aid — Procedure for
the examination of State aid — Failure to order a Member
          State to disclose the requisite information)                                                 (2001/C 200/04)
                          (2001/C 200/03)
                                                                                                (Language of the case: French)
                    (Language of the case: French)                         (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                                                                           In Case C-261/99: Commission of the European Communities
(Provisional translation; the definitive translation will be published     (Agent: G. Rozet) v French Republic (Agents: K. Rispal-
                   in the European Court Reports)                          Bellanger and F. Million) — application for a declaration that,
                                                                           by not adopting within the prescribed period the measures
                                                                           needed to recover from the recipients thereof aid declared
                                                                           unlawful and incompatible with the common market by
In Case C-17/99: French Republic (Agents: K. Rispal-Bellanger              Commission Decision 1999/378/EC of 4 November 1998 on
and F. Million) v Commission of the European Communities                   aid granted by France to Nouvelle Filature Lainière de Roubaix
(Agent: G. Rozet) — application for annulment of Commission                (OJ 1999 L 145, p. 18), the French Republic has failed to fulfil
Decision 1999/378/EC of 4 November 1998 on aid granted                     its obligations under the fourth paragraph of Article 189 of
by France to Nouvelle Filature Lainière de Roubaix (OJ 1999                the EC Treaty (now the fourth paragraph of Article 249 EC)
L 145, p. 18) — the Court (Fifth Chamber), composed                        and under Articles 4 and 5 of that decision — the Court (Fifth
of: A. La Pergola, President of the Chamber, M. Wathelet                   Chamber), composed of: A. La Pergola, President of the
(Rapporteur), L. Sevón, S. von Bahr and C.W.A. Timmermans,                Chamber, M. Wathelet (Rapporteur), P. Jann, S. von Bahr and
Judges; S. Alber, Advocate General; H. von Holstein, Deputy                C.W.A. Timmermans, Judges; S. Alber, Advocate General;
Registrar, for the Registrar, has given a judgment on 22 March             R. Grass, for the Registrar, has given a judgment on 22 March
2001, in which it:                                                         2001, in which it:
                                                                           1.    Declares that, by failing to comply with Commission Decision
1.    Dismisses the application;                                                 1999/378/EC of 4 November 1998 on aid granted by France
                                                                                 to Nouvelle Filature Lainière de Roubaix, the French Republic
2.    Orders the French Republic to pay the costs.                               has failed to fulfil its obligations under the EC Treaty;
                                                                           2.    Orders the French Republic to pay the costs.
(1) OJ C 71 of 13.3.1999.
                                                                           (1) OJ C 281 of 2.10.1999.