26.5.2014

Official Journal of the European Union

C 159/8

(Case C-559/12 P) (<span class="super">1</span>)

((Appeals - State aid - Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment - Existence of the guarantee - Presence of State resources - Advantage - Burden and standard of proof))

2014/C 159/10

Language of the case: French

Parties

Appellant: French Republic (represented by: G. de Bergues, D. Colas and J. Gstalter and by J. Bousin, acting as Agents)

Other party to the proceedings: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 20 September 2012 in Case T 154/10 France v Commission, by which the General Court dismissed the action brought by the French Republic for the annulment of Commission Decision 2010/605/EU of 26 January 2010 on State aid C 56/07 (ex E 15/05) granted by France to La Poste (OJ 2010 L 274, p. 1) — Aid allegedly implemented by France in the form of an unlimited implied guarantee in favour of La Poste resulting from its status as a publicly owned industrial and commercial establishment — Establishment outside the scope of the ordinary law on administration and compulsory liquidation of firms in difficulty — Existence of an advantage — Existence of a transfer of State resources — Burden and standard of proof — Equiparation of the conditions under which State liability is incurred with a guarantee mechanism

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the French Republic to pay the costs.

(<span class="super">1</span>) OJ C 32, 2.2.2013.