CELEX: 62004TA0427
Language: en
Date: 2009-11-30 00:00:00
Title: Joined Cases T-427/04 and T-17/05: Judgment of the Court of First Instance of 30 November 2009 — France v Commission (State aid — France Télécom’s business tax regime for the years 1994 to 2002 — Decision declaring the aid incompatible with the common market and ordering its recovery — Advantage — Limitation period — Legitimate expectations — Legal certainty — Breach of essential procedural requirements — Collegiality — Rights of defence and procedural rights of other interested parties)

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/46
            
         Judgment of the Court of First Instance of 30 November 2009 — France v Commission
   (Joined Cases T-427/04 and T-17/05) (1)
   
   (State aid - France Télécom’s business tax regime for the years 1994 to 2002 - Decision declaring the aid incompatible with the common market and ordering its recovery - Advantage - Limitation period - Legitimate expectations - Legal certainty - Breach of essential procedural requirements - Collegiality - Rights of defence and procedural rights of other interested parties)
   2010/C 24/79
   Language of the case: French
   
      Parties
   
   
      Applicant: French Republic (represented initially by G. de Bergues, R. Abraham and S. Ramet, then by G. de Bergues, S. Ramet and E. Belliard and finally by G. de Bergues, E. Belliard and A.-L. Vendrolini, acting as Agents)
   
      Defendant: Commission of the European Communities (represented by: C. Giolito and J. Buendia Sierra, acting as Agents)
   
      Re:
   
   Action for annulment of Commission Decision 2005/709/EC of 2 August 2004 concerning State aid paid by France to France Télécom (OJ 2005 L 269, p. 30).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               dismisses the action;
            
         
               2.
            
            
               orders the Republic of France and France Télécom SA to pay the costs.
            
         
      (1)  OJ C 19, 22.1.2005.