Judgment of the General Court of 12 May 2011 - Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission
(Joined Cases T-267/08 and T-279/08) 1 (State aid - Construction of railway equipment - Repayable advances - Decision declaring the aid incompatible with the common market and ordering its recovery - Alteration of heads of claim - Rights of defence - Obligation to state reasons - State resources - Whether State held responsible - Criterion of private investor - Undertaking in difficulties)
Language of the case: French
Parties
Applicants: Région Nord-Pas-de-Calais (represented by M. Cliquennois and F. Cavedon, lawyers) (Case T-267/08) and Communauté d'agglomération du Douasis (represented by M.Y. Benjamin and D. Rombi, lawyers) (Case T-279/08)
Defendant: European Commission (represented by: C. Giolito and B. Stromsky, Agents)
Re:
Originally, application for annulment of Decision C (2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA, and then application for annulment of Decision C (2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 implemented by France in favour of Arbel Fauvet Rail.
Operative part of the judgment
The Court:
Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C (2008) 1 089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA ;
Dismisses the actions;
Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d'agglomération du Douasis after they were sent Decision C (2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C (2008) 1 089 final.
____________1 - OJ C 247, of 27.9.2008.