Judgments (Information) nº T-226/09 and T-230/09 of The General Court, September 16, 2013

• Resolution Date: September 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-226/09 and T-230/09

Judgment of the General Court (Eighth Chamber) of 16 September 2013 —British Telecommunications and BT Pension Scheme Trustees v Commission (Joined Cases T‑226/09 and T‑230/09)

State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid

1. State aid — Concept — Selective nature of the measure — Partial exemption from the obligation to pay a contribution to the Pension Protection Fund — Included — Measure designed to compensate for a structural disadvantage constituted by additional pension obligations — No effect — No breach of the principle of equal treatment — No justification based on the nature and economy of the system (Art. 87(1) EC) (see paras 41-43, 62, 76, 78, 86, 89, 93, 96-98, 121)

2. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — No arguments in support of the claim — General reference in support of a second plea to matters set out in the context of the first — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 138, 232, 233)

3. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment (Art. 87(1) EC) (see paras 154-158, 169, 171, 175, 176)

4. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 159, 224-228)

5. State aid — Concept — Grant imputable to the State of an...