Action brought on 17 July 2008 - Communauté d'agglomération du Douaisis v Commission.

(Case T-279/08)

Language of the case: French

Parties

Applicant: Communauté d'agglomération du Douaisis (represented by: M.-Y Benjamin, lawyer)

Defendant: Commission of the European Communities.

Form of order sought

Annul the decision No C 38/2007 of the Commission of 2 April 2008.

Pleas in law and main arguments

The applicant seeks the annulment of the decision C (2008) 1089 final of the Commission of the European Communities of 2 April 2008 by which the Commission declared incompatible with the common market the State aid granted by the applicant and the Région Nord-Pas-de-Calais in favour of Arbel Fauvet Rail SA in the form of advances repayable at an annual rate of interest of 4.08% corresponding to the Community reference rate applicable when the loan was granted. The Commission considered that, taking into account its financial standing, Arbel Fauvet Rail SA would not have been able to obtain funds on such favourable terms in the financial market.

The pleas in law and main arguments relied on by the applicant are similar to those relied on in Case T-267/08 Région Nord-Pas-de-Calais v Commission.

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