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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> SIDE v Commission (State aid) [2008] EUECJ T-348/04 (15 April 2008) URL: https://www.bailii.org/eu/cases/EUECJ/2008/T34804.html Cite as: [2008] EUECJ T-348/04, [2008] EUECJ T-348/4 |
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(State aid Export aid in the book sector Failure to give prior notification Article 87(3)(d) EC Temporal scope of Community law Method of calculating the amount of the aid)
In Case T-348/04,
Société internationale de diffusion and d'édition SA (SIDE), established in Vitry-sur-Seine (France), represented by N. Coutrelis and V. Giacobbo, lawyers,
applicant,
Commission of the European Communities, represented by J.'P. Keppenne, acting as Agent,
defendant,
supported by
French Republic, represented initially by G. de Bergues and S. Ramet, and subsequently by G. de Bergues and A.-L. Vendrolini, acting as Agents,
intervener,
APPLICATION for annulment of the last sentence of Article 1 of Commission Decision 2005/262/EC of 20 April 2004 on the aid implemented by France in favour of the Coopérative d'exportation du livre français (CELF) (OJ 2005 L 85, p. 27),
composed of M. Jaeger, President, V. Tiili and T. Tchipev, Judges,
Registrar: J. Palacio González, Principal Administrator,
having regard to the written procedure and further to the hearing on 23 May 2007,
gives the following
Background to the dispute
'The aid to [CELF] for processing small orders of French-language books, implemented by France between 1980 and 2001, is aid that is caught by Article 87(1) [EC]. Since France failed to notify the aid to the Commission before implementing it, the aid was granted unlawfully. It is, however, compatible with the common market under Article 87(3)(d) [EC].'
Procedure and forms of order sought by the parties
annul the last sentence of Article 1 of the contested decision;
in the alternative, annul the last sentence of Article 1 of the contested decision in so far as the Commission declared the contested aid compatible before 1999 or, alternatively, 1997 or 1994;
in the further alternative, annul the last sentence of Article 1 of the contested decision in so far as it declares the contested aid compatible before 1 November 1993;
order the Commission to pay the costs.
dismiss the application;
order the applicant to pay the costs.
dismiss the application;
order the applicant to pay the costs.
Law
The first plea, alleging a lack of legal basis prior to 1 November 1993
Arguments of the parties
Findings of the Court
The second part of the third plea, alleging manifest errors of assessment
Arguments of the parties
Findings of the Court
Costs
On those grounds,
hereby
1. Annuls the last sentence of Article 1 of the Commission's Decision of 20 April 2004 on the aid implemented by France in favour of the Coopérative d'exportation du livre français (CELF).
2. Orders the Commission to bear its own costs and those of the Société internationale de diffusion et d'édition SA (SIDE).
3. Orders the French Republic to bear its own costs.
Jaeger |
Tiili |
Tchipev |
Delivered in open court in Luxembourg on 15 April 2008.
E. Coulon |
M. Jaeger |
Registrar |
President |
* Language of the case: French.