Judgment of the General Court of 16 September 2013 – British Telecommunications and BT Pension Scheme Trustees v Commission
(Joined Cases T-226/09 and T-230/09) 1
(State aid – Partial exemption from the obligation to contribute to the Pension Protection Fund – Decision declaring the aid incompatible with the internal market – Concept of State aid – State resources – Advantage – Selective nature – Adverse effect on competition – Effect on trade between Member States – Equal treatment – Proportionality – Legitimate expectations – Obligation to state reasons – Putting into effect of the aid)
Language of the case: English
Parties
Applicants: British Telecommunications (London, United Kingdom) (represented by: G. Robert, M. Newhouse and T. Castorina, Solicitors, and by J. Holmes, Barrister, and H. Legge QC) (Case T-226/09) and BT Pension Scheme Trustees Ltd (London) (represented by: J. Derenne and A. Müller-Rappard, lawyers) (Case T-230/09)
Defendant: European Commission (represented by: L. Flynn and N. Khan, acting as Agents)
Re:
Application for annulment of Commission Decision 2009/703/EC of 11 February 2009 concerning the State aid C-55/2007 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland – Public guarantee in favour of [British Telecommunications] (OJ 2009 L 242, p. 21).
Operative part of the judgment
The Court:
Dismisses the actions;
In Case T-226/09, orders British Telecommunications plc to pay the costs;
In Case T-230/09, orders BT Pension Scheme Trustees Ltd to pay the costs.
________________________1 OJ C 193, 15.8.2009.