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Case C-214/07: Judgment of the Court (Second Chamber) of 13 November 2008 — Commission of the European Communities v French Republic (State aid — Aid scheme — Incompatibility with the common market — Implementation of the decision — Recovery of the aid granted — Absolute impossibility of giving effect to a decision)
ECLI:EU:UNKNOWN:62007CA0214
62007CA0214
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Official Journal of the European Union
(Case C-214/07) (*)
(State aid - Aid scheme - Incompatibility with the common market - Implementation of the decision - Recovery of the aid granted - Absolute impossibility of giving effect to a decision)
(2009/C 6/08)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: C. Giolito, Agent)
Defendant: French Republic (represented by: G. de Bergues, S. Ramet and J.-C. Gracia, Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, the measures necessary to comply with Commission Decision of 16 December 2003 on the aid scheme implemented by France for the takeover of firms in difficulty (State aid C(2003) 4636, OJ 2004 L 108, p. 38) — Failure to take steps to recover the aid illegally granted — Implementation of the decision ordering the recovery of the aid not impossible
Operative part of the judgment
The Court:
1.Declares that, by failing to implement within the prescribed period Commission Decision 2004/343/EC of 16 December 2003 on the aid scheme implemented by France for the takeover of firms in difficulty, the French Republic has failed to fulfil its obligations under Article 5 of that decision
2.Orders the French Republic to pay the costs
* * *
(*) Language of the case: French.
ECLI:EU:C:2009:6
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