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Joined Cases T-267/08 and T-279/08: Judgment of the General Court of 12 May 2011 — Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission (State aid — Construction of railway equipment — Repayable advances — Decision declaring the aid incompatible with the common market and ordering its recovery — Alteration of heads of claim — Rights of defence — Obligation to state reasons — State resources — Whether State held responsible — Criterion of private investor — Undertaking in difficulties)
ECLI:EU:UNKNOWN:62008TA0267
62008TA0267
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Valentina R., lawyer
25.6.2011
Official Journal of the European Union
C 186/19
(Joined Cases T-267/08 and T-279/08) (<span class="super">1</span>)
(State aid - Construction of railway equipment - Repayable advances - Decision declaring the aid incompatible with the common market and ordering its recovery - Alteration of heads of claim - Rights of defence - Obligation to state reasons - State resources - Whether State held responsible - Criterion of private investor - Undertaking in difficulties)
2011/C 186/34
Language of the case: French
Parties
Applicants: Région Nord-Pas-de-Calais (represented by M. Cliquennois and F. Cavedon, lawyers) (Case T-267/08) and Communauté d’agglomération du Douasis (represented by M.Y. Benjamin and D. Rombi, lawyers) (Case T-279/08)
Defendant: European Commission (represented by: C. Giolito and B. Stromsky, Agents)
Re:
Originally, application for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA, and then application for annulment of Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 implemented by France in favour of Arbel Fauvet Rail.
Operative part of the judgment
The Court:
1.Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA;
2.Dismisses the actions;
3.Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d’agglomération du Douasis after they were sent Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C(2008) 1089 final.
(<span class="super">1</span>) OJ C 247, of 27.9.2008.