Judgments (Information) nº T-79/10 of The General Court, September 16, 2013

• Resolution Date: September 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-79/10

Judgment of the General Court (Eighth Chamber) of 16 September 2013 —Colt Télécommunications France v Commission (Case T‑79/10)

State Aid — Compensation for public service costs in connection with a very high speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties

1. State aid — Planned aid — Examination by the Commission — Preliminary review and main review — Aid incompatible with the internal market — Difficulties of assessment — Commission’s duty to initiate the main review procedure — Serious difficulties — Concept — Objective nature — Burden of proof — Circumstances enabling the existence of such difficulties to be determined (Arts 87(1) EC and 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(4)) (see paras 29-37, 72-75)

2. State aid — Planned aid — Examination by the Commission — Preliminary phase — Duration — Maximum period of two months — Calculation of the duration of the preliminary examination as from receipt of full notification — Concept of full notification (Art. 88(2) and (3) EC; Council Regulation No 659/1999, Arts 2(2), and 4(1) and (5)) (see paras 41-51)

3. State aid — Planned aid — Examination by the Commission — Preliminary review and main review — Obligation of the Commission to open the main procedure where there are serious difficulties — Request for additional information not in itself revealing the existence of serious difficulties (Art. 88(2) and (3) EC) (see paras 55-66)

4. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision of the Commission finding no State aid — Action brought by the parties concerned within the meaning of Article 88(2) EC — Identification of the subject-matter of the action — Action designed to safeguard the procedural rights of the persons concerned — Pleas concerning the assessment of the information and evidence available to the Commission — Admissibility (Arts 88(2) EC and 263, fourth para., TFEU; Rules of Procedure of the General Court, Art. 44(1)(c); Council Regulation No 659/1999, Arts 1(h), 4(3), and 6(1)) (see para. 84)

5. State aid — Examination by the Commission — Establishment of a framework for aids in a given sector — Rules applicable to the high-speed electronic communications sector laid down by the Commission in guidelines — Applicability of...