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Case C-124/10 P: Judgment of the Court (Grand Chamber) of 5 June 2012 — European Commission v Électricité de France (EDF), French Republic, Iberdrola SA (Appeal — State aid — Waiver of a tax claim — Exemption from corporation tax — Increase in share capital — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Definition of ‘reference private investor’ — Principle of equal treatment — Burden of proof)
ECLI:EU:UNKNOWN:62010CA0124
62010CA0124
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21.7.2012
Official Journal of the European Union
C 217/2
(Case C-124/10 P) (<span class="super">1</span>)
(Appeal - State aid - Waiver of a tax claim - Exemption from corporation tax - Increase in share capital - Conduct of a State acting as a prudent private investor in a market economy - Criteria to distinguish between the State as shareholder and the State exercising public power - Definition of ‘reference private investor’ - Principle of equal treatment - Burden of proof)
2012/C 217/02
Language of the case: French
Parties
Appellant: European Commission (represented by: E. Gippini Fournier, B. Stromsky and D. Grespan, acting as Agents)
Other parties to the proceedings: Électricité de France (EDF) (represented by: M. Debroux, avocat), French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents), Iberdrola SA (represented by: J. Ruiz Calzado and É. Barbier de La Serre, avocats)
Supported by: EFTA Surveillance Authority (represented by: X. Lewis and B. Alterskjær, acting as Agents)
Re:
Appeal against the judgment of 15 December 2009, by which the General Court (Third Chamber) annulled Articles 3 and 4 of the decision of the Commission of 16 December 2003 on the State aid granted to EDF and the electricity and gas industries (C 68/2002, N 504/2003 and C 25/2003) — Aid granted in the form of a selective tax exemption linked to an increase in share capital during a recapitalisation of the undertaking — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Principle of equal tax treatment
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Commission to pay the costs;
3.Orders the EFTA Surveillance Authority, the French Republic and Iberdrola SA to bear their own costs.
(<span class="super">1</span>) OJ C 161, 19.6.2010.