Judgment of the General Court (Eighth Chamber) of 16 September 2013 —
British Telecommunications and BT Pension Scheme Trustees v Commission
(Joined Cases T‑226/09 and T‑230/09)
State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid
1. State aid — Concept — Selective nature of the measure — Partial exemption from the obligation to pay a contribution to the Pension Protection Fund — Included — Measure designed to compensate for a structural disadvantage constituted by additional pension obligations — No effect — No breach of the principle of equal treatment — No justification based on the nature and economy of the system (Art. 87(1) EC) (see paras 41-43, 62, 76, 78, 86, 89, 93, 96-98, 121)
2. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — No arguments in support of the claim — General reference in support of a second plea to matters set out in the context of the first — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 138, 232, 233)
3. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment (Art. 87(1) EC) (see paras 154-158, 169, 171, 175, 176)
4. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 159, 224-228)
5. State aid — Concept — Grant imputable to the State of an advantage by means of State resources — Advantages involving a diminution of the State budget or risking such a diminution — State Guarantee conferring partial exemption from the obligation to contribute to the Pension Protection Fund — Included (Art. 87(1) EC) (see paras 187-190, 212-216, 222)
6. State aid — Recovery of unlawful aid — Calculation of the amount of aid to be recovered — Difficulties encountered by the State — Duty of cooperation between the Commission and the Member State — Scope (Arts 10 EC, 87 EC and 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 273-275)
Re:
| APPLICATION for annulment of Commission Decision 2009/703/EC of 11 February 2009 concerning State aid C‑55/2007 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Public guarantee in favour of [British Telecommunications] (OJ 2009 L 242, p. 21). |
Operative part
The Court:
2. | | In Case T‑226/09, orders British Telecommunications plc to pay the costs; |
3. | | In Case T‑230/09, orders BT Pension Scheme Trustees Ltd to pay the costs. |