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13.2.2010 |
EN |
Official Journal of the European Union |
C 37/32 |
Judgment of the General Court of 15 December 2009 — EDF v Commission
(Case T-156/04) (1)
(State aid - Aid granted by the French authorities to EDF - Decision declaring that aid incompatible with the common market and ordering its recovery - Procedural rights of the aid beneficiary - Effect on trade between Member States - Criterion of private investor)
2010/C 37/41
Language of the case: French
Parties
Applicant: Électricité de France (Paris, France) (represented by: M. Debroux, lawyer)
Defendant: European Commission (represented by: J. Buendía Sierra and C. Giolito, acting as Agents)
Intervener in support of the form of order sought by the applicant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, Agents)
Intervener in support of the form of order sought by the defendant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado and É. Barbier de La Serre, lawyers)
Re:
Action for annulment of Articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003.
Operative part of the judgment
The Court:
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1. |
Annuls articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003; |
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2. |
Orders the European Commission to bear its own costs and to pay those of Électricité de France (EDF); |
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3. |
Orders the French Republic to bear its own costs; |
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4. |
Orders Iberdrola, SA to bear its own costs. |