Notice for the OJ

 

Action brought on 15 September 2004 by Coopérative d'Exportation du Livre Français against the Commission of the European Communities

(Case T-372/04)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 15 September 2004 by the Coopérative d'Exportation du Livre Français, established in Paris, represented by Olivier Schmitt, lawyer.

The applicant claims that the Court should:

-    annul the decision of the Commission of the European Communities No C (2004) 1361 final of 20 April 2004 concerning aid implemented by France in favour of Coopérative d'Exportation du Livre Français (CELF) in so far as the first sentence of Article 1 thereof categorises the aid benefiting CELF for handling small orders of French-language books, implemented by France between 1980 and 2001, as State aid within Article 87(1) EC;

-    order the Commission of the European Communities to pay EUR 5 000.00 in respect of costs.

Pleas in law and main arguments

The applicant's business is directly handling orders from abroad for books, brochures and all communications media and, more generally, carrying out any transactions for the purpose of furthering the promotion of French culture throughout the world. The applicant states that in carrying out that general-interest activity, it has benefited from various subsidies paid by the French State. The subsidy at issue in these proceedings is an operating subsidy granted to the applicant for the purpose of offsetting the extra costs involved in handling small orders from booksellers abroad.

In support of its action, the applicant argues, first, that the statement of reasons in the contested decision is inadequate. Second, the applicant relies on infringements of Article 86(2) EC and Article 87(1) EC.

The applicant submits that, as an undertaking operating a service of general economic interest, it was made responsible for performing clearly defined public-service obligations. Thus, the sums paid by the State are excluded from the State aid at which Article 87(1) EC is targeted.

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