CELEX: C1999/281/02
Language: en
Date: 1999-10-02 00:00:00
Title: Case C-261/99: Action brought on 13 July 1999 by the Commission of the European Communities against the French Republic

C 281/2               EN                      Official Journal of the European Communities                                     2.10.1999
Action brought on 13 July 1999 by the Commission of                      Action brought on 16 July 1999 by the Commission of
 the European Communities against the French Republic                     the European Communities against the Italian Republic
                        (Case C-261/99)                                                            (Case C-263/99)
                        (1999/C 281/02)
                                                                                                   (1999/C 281/03)
An action against the French Republic was brought before the
Court of Justice of the European Communities on 13 July                  An action against the Italian Republic was brought before the
1999 by the Commission of the European Communities,                      Court of Justice of the European Communities on 16 July
represented by Gérard Rozet, Legal Adviser, acting as Agent,             1999 by the Commission of the European Communities,
with an address for service in Luxembourg at the office of               represented by Antonio Aresu and Maria Patakia, both of its
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                      Legal Service, acting as Agents, with an address for service in
                                                                         Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
                                                                         Centre, Kirchberg.
The Commission of the European Communities claims that
the Court should:
— declare that, by failing to adopt within the prescribed                The Commission of the European Communities claims that
    time-limit the measures necessary in order to recover from           the Court should:
    Nouvelles Filatures Lainière de Roubaix, the recipient
    thereof, the aid declared to be illegal and incompatible with
    the common market by the decision of the Commission of               a) Declare that, by placing restrictions on the pursuit of the
    4 November 1998, which was notified on 17 November                       activity of transport consultant, the Italian Republic has
    1998, the French Republic has failed to fulfil its obligations           failed to fulfil its obligations under Articles 52 and 59 of
    under the fourth paragraph of Article 249 CE and                         the EC Treaty (now, after amendment, Articles 43 EC and
    Articles 4 and 5 of that decision:                                       49 EC);
— order the French Republic to pay the costs.
                                                                         b) Order the Italian Republic to pay the costs.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
The Commission’s decision, which is binding in its entirety
upon the State to which it is addressed (as provided for by the
fourth paragraph of Article 249 EC), requires the French
Republic as from 17 November 1998, first, to recover, in                 (Infringement of Article 52 of the EC Treaty
accordance with Article 4 thereof, the aid granted in the form           (now, after amendment, Article 43 EC)
of an investment premium amounting to FRF 14.23 million
and to discontinue forthwith the aid granted in the form of a
participating loan by applying normal market terms. In
addition, the French Republic is required under Article 5 to             The applicant doubts whether Article 3(1)(a) of Law No 264,
inform the Commission, within two months from notification               which restricts work as a consultant to nationals of other
of the decision of the measures taken to comply with it. The             Member States who are resident in Italy, is compatible
action for annulment which has been brought (1) does not                 with the principle of non-discrimination on the ground of
have suspensory effect, and the French Republic has at no time           nationality.
made any application for suspension of operation of the
contested decision.
                                                                         (Infringement of Article 59 of the EC Treaty
The attitude adopted by the French Republic vis-à-vis the                (now, after amendment, Article 49 EC)
Commission as regards compliance with the decision in
question has been one of total silence. At no time since
its decision was notified on 17 November 1998 has the
                                                                         Moreover, Law No 264 appears to be contrary to Article 49
Commission been able to ascertain any factor enabling it to
                                                                         EC, which provides for the removal of obstacles to freedom to
conclude that the French Republic has taken any steps                    provide services across borders within the Community. The
whatever with a view to recovering from Nouvelles Filatures              aforementioned legislation as a whole categorically precludes
Lainière de Roubaix the illegal and incompatible aid granted
                                                                         the possibility that foreign operators established in other
to that undertaking.
                                                                         Member States may occasionally provide services in the field
                                                                         in question.
(1) Case C-17/99, OJ C 71 of 13.3.1999, p. 22.