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Case C-127/16 P: Judgment of the Court (First Chamber) of 7 March 2018 — SNCF Mobilités, formerly Société nationale des chemins de fer français (SNCF) v European Commission, French Republic, Mory SA, in liquidation, Mory Team, in liquidation (Appeal — State aid — Aid implemented by the French Republic in favour of Sernam — Restructuring and recapitalisation aid, guarantees and waiving of Sernam's financial debts by SNCF — Decision declaring that aid incompatible with the internal market and ordering its recovery — Sale of assets en bloc — Concept of ‘sale’ — Confusion between object and price of the sale of assets en bloc — Open and transparent procedure — Private investor test — Application of that principle to an assignment of assets en bloc — Compensatory measures)
ECLI:EU:UNKNOWN:62016CA0127
62016CA0127
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Official Journal of the European Union
C 161/6
(Case C-127/16 P) (<span class="super note-tag">1</span>)
((Appeal - State aid - Aid implemented by the French Republic in favour of Sernam - Restructuring and recapitalisation aid, guarantees and waiving of Sernam's financial debts by SNCF - Decision declaring that aid incompatible with the internal market and ordering its recovery - Sale of assets en bloc - Concept of ‘sale’ - Confusion between object and price of the sale of assets en bloc - Open and transparent procedure - Private investor test - Application of that principle to an assignment of assets en bloc - Compensatory measures))
(2018/C 161/05)
Language of the case: French
Parties
Appellant: SNCF Mobilités, formerly Société nationale des chemins de fer français (SNCF) (represented by: P. Beurier, O. Billard, G. Fabre and V. Landes, avocats)
Other parties to the proceedings: European Commission (represented by: B. Stromsky and T. Maxian Rusche, acting as Agents), French Republic, Mory SA, in liquidation, Mory Team, in liquidation (represented by: B. Vatier and F. Loubières, avocats)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders SNCF Mobilités to bear its own costs and to pay those incurred by the European Commission and by Mory SA and Mory Team.
(<span class="super">1</span>) OJ C 145, 25.4.2016.