Compagnie nationale Air France v Commission of the European Communities (T-358/94)

Judgment of 12 Dec 1996

law://eu/cjeu/1994/t-358-94/para_60@2026-11-14

60This reasoning is confirmed by the case-law of the Court of Justice concerning Member States' failure to fulfil their obligations under Article 169 of the Treaty. Under that case-law, a Member State incurs liability whatever the agency of the State whose action or inaction caused the failure to fulfil its obligations, ‘even in the case of a constitutionally independent institution’ (Case 77/69 Commission v Belgium [1970] ECR 237, paragraph 15). That assessment also applies in relation to control of State aid, since the Court of Justice has held that the means of redress provided for by the second subparagraph of Article 93(2) of the Treaty is merely a variant of the action for a declaration of failure to fulfil Treaty obligations, specifically adapted to the special problems which State aid poses for competition within the common market (Case C-301/87 France v Commission [1990] ECR 1-307, paragraph 23).

Compagnie nationale Air France v Commission of the European Communities (T-358/94)

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