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Joined Cases T-425/04 RENV and T-444/04 RENV: Judgment of the General Court of 2 July 2015 — France v Commission (State aid — Financial measures in favour of France Télécom — Shareholder loan offer — Public statements of the French State — Decision declaring the aid incompatible with the internal market — Absence of extension of the formal investigation procedure — Rights of the defence — Test of the prudent private investor — Normal market conditions — Errors of law — Manifest errors of assessment)

ECLI:EU:UNKNOWN:62004TA0425(01)

62004TA0425(01)

July 2, 2015
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20150731068617182015/C 270/254252004TC27020150817EN01ENINFO_JUDICIAL20150702212111

C2702015EN2110120150702EN0025211211

(Joined Cases T-425/04 RENV and T-444/04 RENV) (*1)

Language of the case: French

Parties

Applicants: French Republic (represented by: G. de Bergues, D. Colas and J. Bousin, acting as Agents) (T-425/04 RENV); and Orange, formerly France Télécom (Paris, France) (represented by: S. Hautbourg and S. Cochard-Quesson, lawyers) (case T-444/04 RENV)

Defendant: European Commission (represented by: C. Giolito and D. Grespan, acting as Agents)

Intervener in support of the applicant, the French Republic: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents, and by U. Soltész, lawyer)

Re:

Actions for the annulment of Commission Decision 2006/621/EC of 2 August 2004 on the State Aid implemented by France for France Télécom (OJ 2006 L 257, p. 11).

Operative part of the judgment

The Court:

1.Annuls Article 1 of Commission Decision 2006/621/EC of 2 August 2004 on the State Aid implemented by France for France Télécom;

2.Declares that it is no longer necessary to adjudicate on the claims for annulment of Article 2 of Decision 2006/621;

3.Orders the European Commission to bear its own costs as well as eight-tenths of the costs incurred by the French Republic and Orange, formerly France Télécom;

4.Orders the French Republic and Orange, formerly France Télécom, each to bear two-tenths of their own costs;

5.Orders the Federal Republic of Germany to bear its own costs.

*

(*1) OJ C 19, 22.1.2005.

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