Judgment_paragraph 14 · European Commission v French Republic (C-63/14)

14In the light of the factors mentioned above, the Commission, by the decision at issue, notified the French Republic on 3 May 2013, held as follows‘Article 1The compensation awarded to SNCM and CMN under the Public Service Delegation Contract of 7 June 2007 constitutes State aid within the meaning of Article 107(1) TFEU. That aid was granted in breach of the obligations laid down in Article 108(3) TFEU.Article 21. The compensation paid to SNCM for implementing the additional capacity provided for under sections I(a)(2), I(b)(2) and I(d)(1.4) of the specifications of the above-mentioned Public Service Delegation Contract is incompatible with the internal market.2. The compensation paid to SNCM and CMN for the operation of other services provided under the above-mentioned Public Service Delegation Contract is compatible with the internal market.Article 31. France is required to make the beneficiaries repay the aid referred to in Article 2(1).2. The sums to be recovered shall bear interest from the date on which they were made available to the recipient until the date of their actual recovery.3. The interest is to be calculated on a compound basis in accordance with Chapter V of [Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 (OJ 2004 L 140, p. 1)] and [Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 (OJ 2008 L 82, p. 1)].4. France shall cancel all outstanding payments of the aid in Article 2(1) with effect from the date of adoption of this Decision.Article 41. The recovery of the aid specified in the second paragraph of Article 1 shall be immediate and effective.2. France shall ensure that this Decision is implemented within four months of the date of its notification.Article 51.Within two months of the notification of this Decision France shall submit the following information to the Commission:(a) the total amount (principal and recovery interests) to be recovered from the beneficiary;(b) a detailed description of the measures already taken and planned to comply with this Decision;(c) documents demonstrating that the beneficiary has been ordered to repay the aid;(d) the date and the exact amount of monthly instalments and annual adjustments made from the entry into force of the contract until the date of adoption of this Decision.2. France shall keep the Commission informed of the progress of the national measures adopted pursuant to this Decision until the recovery of the aid specified in the second paragraph of Article 1 has been concluded. At the Commission’s request, it shall immediately submit information on the measures already adopted and planned for the purpose of complying with this Decision. It shall also provide detailed information concerning the amount of aid and interest already recovered from the beneficiary.Article 6This Decision is addressed to the French Republic.’