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Case T-139/06: Judgment of the General Court of 19 October 2011 — France v Commission (Failure to comply with a judgment of the Court of Justice finding that there has been failure of a Member State to fulfil obligations — Periodic penalty payment — Adoption, by the Member State, of certain measures — Request for payment — Competence of the Commission — Jurisdiction of the General Court)

ECLI:EU:UNKNOWN:62006TA0139

62006TA0139

October 19, 2011
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26.11.2011

Official Journal of the European Union

C 347/27

(Case T-139/06)(<span class="super">1</span>)

(Failure to comply with a judgment of the Court of Justice finding that there has been failure of a Member State to fulfil obligations - Periodic penalty payment - Adoption, by the Member State, of certain measures - Request for payment - Competence of the Commission - Jurisdiction of the General Court)

2011/C 347/39

Language of the case: French

Parties

Applicant: French Republic (represented by: initially, E. Belliard, G. de Bergues and S. Gasri and subsequently, E. Belliard, G. de Bergues and B. Cabouat, acting as Agents)

Defendant: European Commission (represented by: T. van Rijn, K. Banks and F. Clotuche-Duvieusart, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, T. Harris and C. Murrell, acting as Agents)

Re:

Application for annulment of Commission Decision C(2006) 659 Final of 1 March 2006 seeking payment of the periodic penalty payments due pursuant to the judgment of the Court of Justice in Case C-304/02 Commission v France [2005] ECR I-6263

Operative part of the judgment

The Court:

1.dismisses the action;

2.orders the French Republic to bear its own costs and to pay those incurred by the European Commission;

3.orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(<span class="super">1</span>) OJ C 165, 15.7.2006.

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