CELEX: 62015TA0747
Language: en
Date: 2018-01-16 00:00:00
Title: Case T-747/15: Judgment of the General Court of 16 January 2018 — EDF v Commission (State aid — Aid granted by the French authorities to EDF — Reclassification as a capital contribution of accounting provisions created free of tax for the renewal of the high-voltage transmission network — Decision declaring the aid to be incompatible with the internal market — Force of res judicata — Private investor test)

26.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/32
            
         Judgment of the General Court of 16 January 2018 — EDF v Commission
   (Case T-747/15) (1)
   
   ((State aid - Aid granted by the French authorities to EDF - Reclassification as a capital contribution of accounting provisions created free of tax for the renewal of the high-voltage transmission network - Decision declaring the aid to be incompatible with the internal market - Force of res judicata - Private investor test))
   (2018/C 072/40)
   Language of the case: French
   
      Parties
   
   
      Applicant: Électricité de France (EDF) (Paris, France) (represented by: M. Debroux, lawyer)
   
      Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and D. Recchia, acting as Agents)
   
      Intervener in support of the applicant: French Republic (represented initially by G. de Bergues, D. Colas and J. Bousin, and subsequently by D. Colas and J. Bousin, acting as Agents)
   
      Re:
   
   Application based on Article 263 TFEU seeking annulment of Articles 1 to 5 of Commission Decision (EU) 2016/154 of 22 July 2015 on State aid SA.13869 (C 68/2002) (ex NN 80/2002) — reclassification as capital of the tax-exempt accounting provisions for the renewal of the high-voltage transmission network implemented by France in favour of EDF (OJ 2016, L 34, p. 152).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Électricité de France (EDF) to bear its own costs and to pay the costs incurred by the European Commission, with the exception of those incurred by the latter as a result of the intervention of the French Republic;
            
         
               3.
            
            
               Orders the French Republic to bear its own costs and to pay those incurred by the Commission as a result of its intervention.
            
         
      (1)  OJ C 78, 29.2.2016.