Judgment of the Court of First Instance (Third Chamber) of 19 July 2007 – Bouychou v Commission

(Case T-344/04)

Non-contractual liability – Decision ordering repayment of State aid granted by France to the company Stardust Marine – Annulment of the decision by judgment of the Court

Non-contractual liability – Conditions – Cumulative nature – Damage – Causal link – Burden of proof (Arts 235 EC and 288, second para., EC) (see paras 33-34, 40-43)

Re:

CLAIM for compensation for loss allegedly caused by Commission Decision 2000/513/EC of 8 September 1999 on aid granted by France to the company Stardust Marine, represented by Denis Bouychou, as insolvency administrator.

Operative part

The Court:

1. Dismisses the action as unfounded;

2. Orders the applicant to pay the costs.