European Commission v Électricité de France (EDF) (C-124/10 P)
law://eu/cjeu/2010/c-124-10/para_86@2026-11-12
Key facts
Court
Court of Justice · Grand Chamber
Case
C-124/10 P · ECLI:EU:C:2012:318
Decided
5 Jun 2012
Procedure
Action for annulment
Applicant
European Commission
Rapporteur
A. Arabadjiev
Advocate General
J. Mazák
Bench
13 judgesV. Skouris, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, M. Safjan, K. Schiemann, E. Juhász, G. Arestis, A. Borg Barthet, A. Arabadjiev, D. Šváby, M. Berger
86If the Member State concerned provides the Commission with the requisite evidence, it is for the Commission to carry out a global assessment, taking into account — in addition to the evidence provided by that Member State — all other relevant evidence enabling it to determine whether the Member State took the measure in question in its capacity as shareholder or as a public authority. In particular, as the General Court held in paragraph 229 of the judgment under appeal, the nature and subject-matter of that measure are relevant in that regard, as is its context, the objective pursued and the rules to which the measure is subject.