CELEX: C2007/315/33
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-441/06: Judgment of the Court (Fourth Chamber) of 18 October 2007 — Commission of the European Communities v French Republic (State aid — Duty of recovery — Duty of cooperation)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/20
            
         Judgment of the Court (Fourth Chamber) of 18 October 2007 — Commission of the European Communities v French Republic
   (Case C-441/06) (1)
   
   (State aid - Duty of recovery - Duty of cooperation)
   (2007/C 315/33)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: C. Giolito, acting as Agent)
   
      Defendant: French Republic (represented by: G. de Bergues and S. Ramet, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Failure to give effect, within the prescribed period, to Commission Decision 2005/709/EC of 2 August 2004 on the State aid implemented by France for France Télécom (OJ 2005 L 269, p. 30) — Breach of Articles 2 and 3 of the decision and Article 10 EC and the fourth paragraph of Article 249 EC — Obligation to recover aid deemed illegal — Practical difficulties in calculating the precise amount of the aid to be recovered and the existence of an application brought against the decision of the Commission declaring the aid illegal have no impact on that obligation
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to give effect, within the prescribed period, to Commission Decision 2005/709/EC of 2 August 2004 on the State aid implemented by France for France Télécom, the French Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision, the fourth paragraph of Article 249 EC and Article 10 EC;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 310, 16.12.2006.