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Case C-63/14: Judgment of the Court (Fifth Chamber) of 9 July 2015 — European Commission v French Republic (Failure of a Member State to fulfil obligations — State aid — Illegal aid incompatible with the internal market — Obligation of recovery — Absolutely impossible — Compensation for a service additional to the basic service)
ECLI:EU:UNKNOWN:62014CA0063
62014CA0063
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7.9.2015
Official Journal of the European Union
C 294/6
(Case C-63/14) (<span class="super">1</span>)
((Failure of a Member State to fulfil obligations - State aid - Illegal aid incompatible with the internal market - Obligation of recovery - Absolutely impossible - Compensation for a service additional to the basic service))
(2015/C 294/07)
Language of the case: French
Parties
Applicant: European Commission (represented by: B. Stromsky, acting as Agent)
Defendant: French Republic (represented by: G. de Bergues and D. Colas and N. Rouam and J. Bousin, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the measures necessary to recover from Société Nationale Corse-Méditerranée (SNCM) the State aid declared illegal and incompatible with the internal market by Article 2(1) of Commission Decision 2013/435/EU of 2 May 2013 on State aid SA.22843 (2012/C) (ex 2012/NN) within the periods prescribed, by failing to cancel all the payments of aid referred to in Article 2(1) of that decision within the periods prescribed, and by failing to inform the Commission of the measures taken to comply with that decision within the period prescribed, the French Republic has failed to fulfil its obligations under Article 298, fourth paragraph, TFEU and Articles 3 to 5 of that decision;
2.Orders the French Republic to pay the costs.
(<span class="note">1</span>) OJ C 135, 5.5.2014.