Judgment of the General Court (Ninth Chamber) of 26 February 2015 —
France v Commission
(Case T‑135/12)
State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage
1. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Reduction of staff remuneration costs — Included (Art. 107(1) TFEU) (see paras 33-36)
2. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Included — Measure concerning the method of financing the retirements of officials attached to the beneficiary undertaking — Reduction in the consideration paid by the beneficiary undertaking to the State — Included (Art. 107(1) TFEU) (see paras 37-40)
3. State aid — Concept — State intervention mitigating the burdens normally included in the budget of an undertaking — Measure designed to compensate for a structural disadvantage constituted by additional obligations concerning the retirements of officials attached to the beneficiary undertaking — Included (Art. 107(1) TFEU) (see paras 41, 42)
4. State aid — Concept — Selective nature of the measure — Ad hoc measure concerning a single undertaking — Included — No need to compare the beneficiary with other operators in a comparable factual and legal situation having regard to the objective pursued by the measure (Art. 107(1) TFEU) (see paras 44, 45)
5. Actions for annulment — Actionable measures — Concept — Measures capable of affecting a given legal position — Action directed solely against the reasoning of a measure — Inadmissibility (Art. 263 TFEU) (see para. 51)
6. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Discretion of the Commission — Complex evaluation of economic matters — Judicial review — Limits (Art. 107(1) and (3) TFEU) (see paras 61-64)
7. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Application of fixed rates in the notice on reference rates — Lawfulness (Art. 107(3)(c) TFEU; Commission Notice 96/C 232/06) (see paras 98-104)
Re:
| APPLICATION for annulment of Commission Decision 2012/540/EU of 20 December 2011 on State aid C 25/08 (ex NN 23/08) reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom implemented by the French Republic in favour of France Télécom (OJ 2012, L 279, p. 1). |
Operative part
The Court:
2. | | Orders the French Republic to bear its own costs and to pay those incurred by the European Commission. |