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Case C-221/18 P: Order of the Court (Sixth Chamber) of 13 December 2018 — Électricité de France (EDF) v European Commission, French Republic (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — First decision of the European Commission — State aid measure incompatible with the internal market — Annulment by the General Court of the European Union — Confirmation by the Court of Justice of the European Union — Second decision of the Commission — State aid measure incompatible with the internal market — Dismissal of the application for annulment — Article 266 TFEU — Infringement of the principle of res judicata attaching to the first judgment of the General Court — Distortion of evidence — Failure of the General Court to have regard for the Commission’s obligations of diligent and impartial investigation — Failure to state reasons — Classification of the measure — New or existing aid)

ECLI:EU:UNKNOWN:62018CB0221

62018CB0221

December 13, 2018
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Official Journal of the European Union

C 103/6

(Case C-221/18 P) (<span class="super note-tag">1</span>)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - First decision of the European Commission - State aid measure incompatible with the internal market - Annulment by the General Court of the European Union - Confirmation by the Court of Justice of the European Union - Second decision of the Commission - State aid measure incompatible with the internal market - Dismissal of the application for annulment - Article 266 TFEU - Infringement of the principle of res judicata attaching to the first judgment of the General Court - Distortion of evidence - Failure of the General Court to have regard for the Commission’s obligations of diligent and impartial investigation - Failure to state reasons - Classification of the measure - New or existing aid))

(2019/C 103/06)

Language of the case: French

Parties

Appellant: Électricité de France (EDF) (represented by: M. Debroux, avocat)

Other parties to the proceedings: European Commission (represented by: É. Gippini Fournier, B. Stromsky and D. Recchia, acting as Agents), French Republic

Operative part of the order

1.The appeal is dismissed.

2.Électricité de France (EDF) shall pay the costs.

(<span class="note">1</span>) OJ C 182, 28.5.2018.

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