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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> France v Commission (State aid) [2000] EUECJ C-332/98 (22 June 2000) URL: https://www.bailii.org/eu/cases/EUECJ/2000/C33298.html Cite as: [2000] EUECJ C-332/98 |
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JUDGMENT OF THE COURT (Fifth Chamber)
22 June 2000 (1)
(Aid for the Coopérative d'Exportation du Livre Français (CELF))
In Case C-332/98,
French Republic, represented by K. Rispal-Bellanger, Head of Subdirectorate in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and F. Million, Chargé de Mission in that directorate, acting as Agents, with an address for service in Luxembourg at the French Embassy, 8B Boulevard Joseph II,
applicant,
v
Commission of the European Communities, represented by G. Rozet, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for the annulment of Commission Decision 1999/133/EC of 10 June 1998 concerning State aid in favour of Coopérative d'Exportation du Livre Français (CELF) (OJ 1999 L 44, p. 37),
THE COURT (Fifth Chamber),
composed of: D.A.O. Edward, President of the Chamber, L. Sevón, P.J.G. Kapteyn (Rapporteur), P. Jann and H. Ragnemalm, Judges,
Advocate General: A. La Pergola,
Registrar: D. Louterman-Hubeau, Principal Administrator,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 21 October 1999,
after hearing the Opinion of the Advocate General at the sitting on 14 December 1999,
gives the following
Background to the dispute
'The aid granted to CELF for the handling of small orders of books in the French language constitutes aid within the meaning of Article 92(1) of the EC Treaty. As the French Government failed to notify the aid to the Commission prior to its implementation, the aid has been granted unlawfully. It is, however, compatible aid as it satisfies the conditions for derogation under Article 92(3)(d) of the Treaty.
Admissibility of the action
Substance
Costs
36. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the French Republic has been unsuccessful, the latter must be ordered to pay the costs.
On those grounds,
THE COURT (Fifth Chamber)
hereby:
1. Dismisses the action;
2. Orders the French Republic to pay the costs.
Edward
Jann Ragnemalm
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Delivered in open court in Luxembourg on 22 June 2000.
R. Grass D.A.O. Edward
Registrar President of the Fifth Chamber
1: Language of the case: French.