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Case T-258/10: Judgment of the General Court of 16 September 2013 — Orange v Commission (State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation)
ECLI:EU:UNKNOWN:62010TA0258
62010TA0258
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Official Journal of the European Union
C 336/18
(Case T-258/10) (<span class="super">1</span>)
(State Aid - Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties - Altmark judgment - Service of general economic interest - Market failure - Overcompensation)
2013/C 336/35
Language of the case: French
Parties
Applicant: Orange, formerly France Télécom (Paris, France) (represented: initially by M van der Woude and D. Gillet, and subsequently by D. Gillet and H. Viaene, lawyers)
Defendant: European Commission (represented by: B. Stromsky and C. Urraca Caviedes, acting as Agents)
Interveners in support of the defendant: The French Republic (represented: initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas and J. Bousin, acting as Agents); the Hauts-de-Seine department (France) (represented by: J.-D. Bloch and G. O’Mahony, lawyers); and Sequalum SAS (Puteaux, France) (represented by: L. Feldman, lawyer)
Re:
Application for annulment of Commission Decision C(2009) 7426 final of 30 September 2009 concerning the compensation for public service costs for the establishment and operation of a very high-speed broadband electronic communications network in the Hauts-de-Seine department (State Aid N 331/2008 — France).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Orange to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Hauts-de-Seine department, Sequalum SAS and the French Republic to pay their own costs.
(<span class="super">1</span>) OJ C 234, 28.8.2010.