CELEX: 62012CA0559
Language: en
Date: 2014-04-03 00:00:00
Title: Case C-559/12 P: Judgment of the Court (First Chamber) of 3 April 2014  — French Republic v European Commission (Appeals — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof)

26.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 159/8
            
         Judgment of the Court (First Chamber) of 3 April 2014 — French Republic v European Commission
   (Case C-559/12 P) (1)
   
   ((Appeals - State aid - Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment - Existence of the guarantee - Presence of State resources - Advantage - Burden and standard of proof))
   2014/C 159/10
   Language of the case: French
   
      Parties
   
   
      Appellant: French Republic (represented by: G. de Bergues, D. Colas and J. Gstalter and by J. Bousin, acting as Agents)
   
      Other party to the proceedings: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Sixth Chamber) of 20 September 2012 in Case T 154/10 France v Commission, by which the General Court dismissed the action brought by the French Republic for the annulment of Commission Decision 2010/605/EU of 26 January 2010 on State aid C 56/07 (ex E 15/05) granted by France to La Poste (OJ 2010 L 274, p. 1) — Aid allegedly implemented by France in the form of an unlimited implied guarantee in favour of La Poste resulting from its status as a publicly owned industrial and commercial establishment — Establishment outside the scope of the ordinary law on administration and compulsory liquidation of firms in difficulty — Existence of an advantage — Existence of a transfer of State resources — Burden and standard of proof — Equiparation of the conditions under which State liability is incurred with a guarantee mechanism
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 32, 2.2.2013.