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Case C-549/09: Judgment of the Court (Sixth Chamber) of 20 October 2011 — European Commission v French Republic (Failure to fulfil obligations — State aid — Aid granted to fish farmers and fishermen — Decision declaring that aid incompatible with the common market — Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission — Non-compliance — Absolute impossibility of compliance)
ECLI:EU:UNKNOWN:62009CA0549
62009CA0549
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10.12.2011
Official Journal of the European Union
C 362/5
(Case C-549/09) (<span class="super">1</span>)
(Failure to fulfil obligations - State aid - Aid granted to fish farmers and fishermen - Decision declaring that aid incompatible with the common market - Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission - Non-compliance - Absolute impossibility of compliance)
2011/C 362/06
Language of the case: French
Parties
Applicant: European Commission (represented by: É. Gippini Fournier and K. Walkerová, acting as Agent(s))
Defendant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to take the measures necessary to comply with Commission Decision 2005/239/EC of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen (OJ 2005, L 74, p. 49) — Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission.
Operative part of the judgment
The Court:
1.Declares that, by failing to comply, within the prescribed time-limits, with Commission Decision 2005/239/EC of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen, by recovering from the recipients of the aid declared unlawful and incompatible with the common market by Articles 2 and 3 of that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Article 4 of that decision.
2.Orders the French Republic to pay the costs
(<span class="super">1</span>) OJ C 80, 27.3.2010.