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Case T-242/12: Judgment of the General Court of 17 December 2015 — SNCF v Commission (State aid — Aid measures implemented by France in favour of Sernam SCS — Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam — Decision declaring the aid measures incompatible with the internal market — Misuse of aid — Recovery — Economic continuity — Private investor criterion)

ECLI:EU:UNKNOWN:62012TA0242

62012TA0242

December 17, 2015
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Official Journal of the European Union

C 59/13

(Case T-242/12) (<span class="super">1</span>)

((State aid - Aid measures implemented by France in favour of Sernam SCS - Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam - Decision declaring the aid measures incompatible with the internal market - Misuse of aid - Recovery - Economic continuity - Private investor criterion))

(2016/C 059/12)

Language of the case: French

Parties

Applicant: Société nationale des chemins de fer français (SNCF) (Paris, France) (represented by: P. Beurier, O. Billard and V. Landes, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and B. Stromsky, acting as Agents)

Intervener in support of the applicant: French Republic (represented by: initially D. Colas and J. Gstalter, subsequently by D. Colas and J. Rossi and finally by D. Colas and J. Bousin, acting as Agents)

Intervener in support of the defendant: Mory SA, in liquidation, (Pantin, France) and Mory Team, in liquidation, (Pantin) (represented by: B. Vatier and F. Loubières, lawyers)

Re:

Application for annulment of Commission Decision 2012/398/EU of 9 March 2012 on State aid SA. 12522 (C 37/08) — France — Enforcing the Sernam 2 Decision (OJ 2012 L 195, p. 19).

Operative part of the judgment

The Court:

1.Dismisses the application of the Société nationale des chemins de fer français (SNCF);

2.Orders SNCF to bear its own costs and to pay those incurred by the European Commission;

3.Orders the French Republic to bear its own costs;

4.Orders Mory and Mory Team to bear their own costs.

(<span class="super">1</span>) OJ C 273, 8.9.2012.

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