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Case C-81/10 P: Judgment of the Court (Third Chamber) of 8 December 2011 — France Télécom v European Commission, French Republic (Appeal — State aid — France Télécom’s business tax regime — Concept of ‘aid’ — Legitimate expectations — Limitation period — Obligation to state reasons — Principle of legal certainty)
ECLI:EU:UNKNOWN:62010CA0081
62010CA0081
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4.2.2012
Official Journal of the European Union
C 32/6
(Case C-81/10 P)(<span class="super">1</span>)
(Appeal - State aid - France Télécom’s business tax regime - Concept of ‘aid’ - Legitimate expectations - Limitation period - Obligation to state reasons - Principle of legal certainty)
2012/C 32/09
Language of the case: French
Parties
Appellant: France Télécom SA (represented by: S. Hautbourg, L. Olza Moreno and L. Godfroid, avocats)
Other parties to the proceedings: European Commission (represented by: E. Gippini Fournier and D. Grespan, acting as Agents), French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents)
Re:
Appeal brought against the judgments of the Court of First Instance (Third Chamber) of 30 November 2009 in Joined Cases T-427/04 and T-17/05 France and France Télécom v Commission by which the Court dismissed the actions brought by the French Republic and the appellant for annulment of Commission Decision 2005/709/EC of 2 August 2004 on the State aid implemented by France (OJ 2005 L 269, p. 30) — Misapplication of the concepts of ‘State aid’ and ‘advantage’ in connection with France Télécom’s business tax regime for the period 1994 to 2002 — Breach of the principle of legitimate expectations — Limitation period for State aid — Obligation to state reasons and breach of the principle of legal certainty
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders France Télécom SA to pay the costs;
3.Orders the French Republic to bear its own costs.
(<span class="super">1</span>) OJ C 148, 5.6.2010.