Action brought on 17 December 2008 - Corsica Ferries France v Commission

(Case T-565/08)

Language of the case: French

Parties

Applicant: Corsica Ferries France SAS (Bastia, France) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

declare the present action admissible;

annul the Commission Decision of 8 July 2008 in relation to restructuring aid which France plans to grant to Société Nationale Maritime Corse-Méditerranée (SNCM);

order the Commission to pay all the costs.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision C(2008) 3182 final of 8 July 2008, in which the Commission had stated that:

the compensation paid by the French Republic to Société Nationale Maritime Corse-Méditerranée ('SNCM'), amounting to EUR 53.48 million in respect of public service obligations, constitutes illegal State aid which is nevertheless compatible with the common market;

the negative selling price of SNCM of EUR 158 million; the implementation, by Compagnie Générale Maritime et Financière ('CGMF'), of social measures in respect of employees in the amount of EUR 38.5 million; and the joint and concomitant re-capitalisation of SNCM by CGMF in the amount of EUR 8.75 million do not constitute State aid; and

restructuring aid amounting to EUR 15.81 million which the French Republic granted to SNCM constitutes illegal State aid which is nevertheless compatible with the common market;

In support of its action, the applicant puts forward two pleas in law alleging:

failure to state reasons and breach of the applicant's rights of defence and its right to an effective judicial remedy, insofar as too much of the data and information in the contested decision was blacked out for its content, reasoning and scope to be understood;

infringement of Articles 87 EC and 88 EC and their implementing rules, in particular the Community Guidelines on State aid for rescuing and restructuring firms in difficulty, resulting from an inaccurate and/or incomplete assessment regarding the capital contribution of EUR 53.48 million under public service compensation; the sale of SNCM at a negative selling price of EUR 158 million; the capital contribution by CGMF amounting to EUR 8.75 million; social measures amounting to EUR 38.5 million; and the balance of EUR 22.5 million notified under restructuring aid.

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