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Case T-156/04: Judgment of the General Court of 15 December 2009 — EDF v Commission (State aid — Aid granted by the French authorities to EDF — Decision declaring that aid incompatible with the common market and ordering its recovery — Procedural rights of the aid beneficiary — Effect on trade between Member States — Criterion of private investor)
ECLI:EU:UNKNOWN:62004TA0156
62004TA0156
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Official Journal of the European Union
(Case T-156/04) (*)
(State aid - Aid granted by the French authorities to EDF - Decision declaring that aid incompatible with the common market and ordering its recovery - Procedural rights of the aid beneficiary - Effect on trade between Member States - Criterion of private investor)
2010/C 37/41
Language of the case: French
Parties
Applicant: Électricité de France (Paris, France) (represented by: M. Debroux, lawyer)
Defendant: European Commission (represented by: J. Buendía Sierra and C. Giolito, acting as Agents)
Intervener in support of the form of order sought by the applicant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, Agents)
Intervener in support of the form of order sought by the defendant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado and É. Barbier de La Serre, lawyers)
Re:
Action for annulment of Articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003.
Operative part of the judgment
The Court:
1.Annuls articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003;
2.Orders the European Commission to bear its own costs and to pay those of Électricité de France (EDF);
3.Orders the French Republic to bear its own costs;
4.Orders Iberdrola, SA to bear its own costs.
* * *
(*)
OJ C 179, 10.7.2004.