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Case C-37/14: Action brought on 24 January 2014 — European Commission v French Republic
ECLI:EU:UNKNOWN:62014CN0037
62014CN0037
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Official Journal of the European Union
C 102/18
(Case C-37/14)
2014/C 102/25
Language of the case: French
Parties
Applicant: European Commission (represented by: J.-F. Brakeland and B. Stromsky, acting as Agents)
Defendant: French Republic
Form of order sought
The Commission claims that the Court should:
—declare that, by failing to adopt, within the prescribed time-limits, all the measures necessary to recover from the relevant beneficiaries all State aid declared unlawful and incompatible with the common market by Article 1 of Commission Decision 2009/402/EC of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by France (1) and by failing to inform the Commission, within the time-limit set, of any measures taken to comply with that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2, 3 and 4 of Decision 2009/402/EC;
—order the French Republic to pay the costs.
Pleas in law and main arguments
Recovery of all State aid declared unlawful had not taken place by the date on which the time-limit for such recovery, as laid down by Decision 2009/402/EC, expired.
On the date on which the present action was brought, the French Republic had still not adopted the measures necessary to recover that aid from the undertakings to which it had been granted, nor had it disclosed to the Commission all the information requested by that institution.
(1) OJ 2009 L 127, p. 11.