Judgment of the General Court of 17 December 2015 — SNCF v Commission
(Case T-242/12) 1
(State aid — Aid measures implemented by France in favour of Sernam SCS — Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam — Decision declaring the aid measures incompatible with the internal market — Misuse of aid — Recovery — Economic continuity — Private investor criterion)
Language of the case: French
Parties
Applicant: Société nationale des chemins de fer français (SNCF) (Paris, France) (represented by: P. Beurier, O. Billard and V. Landes, lawyers)
Defendant: European Commission (represented by: T. Maxian Rusche and B. Stromsky, acting as Agents)
Intervener in support of the applicant: French Republic (represented by: initially D. Colas and J. Gstalter, subsequently by D. Colas and J. Rossi and finally by D. Colas and J. Bousin, acting as Agents)
Intervener in support of the defendant: Mory SA, in liquidation, (Pantin, France) and Mory Team, in liquidation, (Pantin) (represented by: B. Vatier and F. Loubières, lawyers)
Re:
Application for annulment of Commission Decision 2012/398/EU of 9 March 2012 on State aid SA. 12522 (C 37/08) — France — Enforcing the Sernam 2 Decision (OJ 2012 L 195, p. 19).
Operative part of the judgment
The Court:
Dismisses the application of the Société nationale des chemins de fer français (SNCF);
Orders SNCF to bear its own costs and to pay those incurred by the European Commission;
Orders the French Republic to bear its own costs;
Orders Mory and Mory Team to bear their own costs.
____________1 OJ C 273, 8.9.2012.