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Case T-139/09: Judgment of the General Court of (Sixth Chamber) of 27 September 2012 — France v Commission (State aid — Fruit and vegetable sector — ‘Contingency plans’ seeking to support the fruit and vegetable market in France — Decision declaring the aid incompatible with the common market — Concept of State aid — State resources — Co-financing by a public institution and by voluntary contributions from farmers’ organisations — Arguments not raised during the administrative procedure — Duty to state the reasons on which the decision is based)

ECLI:EU:UNKNOWN:62009TA0139

62009TA0139

September 27, 2012
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17.11.2012

Official Journal of the European Union

C 355/20

(Case T-139/09) (<span class="super">1</span>)

(State aid - Fruit and vegetable sector - ‘Contingency plans’ seeking to support the fruit and vegetable market in France - Decision declaring the aid incompatible with the common market - Concept of State aid - State resources - Co-financing by a public institution and by voluntary contributions from farmers’ organisations - Arguments not raised during the administrative procedure - Duty to state the reasons on which the decision is based)

2012/C 355/41

Language of the case: French

Parties

Applicant: French Republic (represented: initially by E. Belliard, G. de Bergues and A.-L. During, and subsequently by E. Belliard, G. de Bergues and J. Gstalter, acting as Agents)

Defendant: European Commission (represented by: B. Stromsky, acting as Agent)

Re:

Annulment of Commission Decision C(2009) 203 final of 28 January 2009, concerning the ‘contingency plans’ in the fruit and vegetable sectors implemented by France.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the French Republic to pay the costs.

(<span class="super">1</span>) OJ C 141, 20.6.2009.

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