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(Case C-37/14) (<span class="super">1</span>)
((Failure of a Member State to fulfil obligations - State aid - ‘Contingency plans’ - Fruit and vegetable sector - Unlawful aid incompatible with the internal market - Recovery - Failure to act))
(2015/C 118/13)
Language of the case: French
Applicant: European Commission (represented by: J.-F. Brakeland and B. Stromsky, acting as Agents)
Defendant: French Republic (represented by: J. Bousin, G. de Bergues and D. Colas, acting as Agents)
The Court:
1)Declares that, by having failed to adopt, within the period prescribed, all the measures necessary to recover from the beneficiaries of the State aid declared unlawful and incompatible with the internal market in Article 1 of Commission Decision 2009/402/EC of 28 January 2009 on the contingency plans in the fruit and vegetable sector implemented by France (C 29/05 (ex NN 57/05)) and by having failed to provide the European Commission, within the period prescribed, with the information listed in Article 4 of that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision;
2)Orders the French Republic to pay the costs.
* Language of the case: French.
(<span class="super">1</span>) OJ C 102, 7.4.2014.