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Case T-747/15: Judgment of the General Court of 16 January 2018 — EDF v Commission (State aid — Aid granted by the French authorities to EDF — Reclassification as a capital contribution of accounting provisions created free of tax for the renewal of the high-voltage transmission network — Decision declaring the aid to be incompatible with the internal market — Force of res judicata — Private investor test)
ECLI:EU:UNKNOWN:62015TA0747
62015TA0747
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26.2.2018
Official Journal of the European Union
C 72/32
(Case T-747/15) (<span class="super note-tag">1</span>)
((State aid - Aid granted by the French authorities to EDF - Reclassification as a capital contribution of accounting provisions created free of tax for the renewal of the high-voltage transmission network - Decision declaring the aid to be incompatible with the internal market - Force of res judicata - Private investor test))
(2018/C 072/40)
Language of the case: French
Parties
Applicant: Électricité de France (EDF) (Paris, France) (represented by: M. Debroux, lawyer)
Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and D. Recchia, acting as Agents)
Intervener in support of the applicant: French Republic (represented initially by G. de Bergues, D. Colas and J. Bousin, and subsequently by D. Colas and J. Bousin, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Articles 1 to 5 of Commission Decision (EU) 2016/154 of 22 July 2015 on State aid SA.13869 (C 68/2002) (ex NN 80/2002) — reclassification as capital of the tax-exempt accounting provisions for the renewal of the high-voltage transmission network implemented by France in favour of EDF (OJ 2016, L 34, p. 152).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Électricité de France (EDF) to bear its own costs and to pay the costs incurred by the European Commission, with the exception of those incurred by the latter as a result of the intervention of the French Republic;
3.Orders the French Republic to bear its own costs and to pay those incurred by the Commission as a result of its intervention.
(<span class="note">1</span>) OJ C 78, 29.2.2016.