Judgment_paragraph 95 · SNCF Mobilités, formerly Société nationale des chemins de fer français (SNCF) v European Commission (C-127/16 P)

95In the second place, on the basis of paragraph 135 of the judgment of 13 September 2010, Greece and Others v Commission (T‑415/05, T‑416/05 and T‑423/05, EU:T:2010:386), and paragraph 155 of the judgment of 28 March 2012, Ryanair v Commission (T‑123/09, EU:T:2012:164), the applicant observes that the determination of whether there is economic continuity between a company that has benefited from State aid and the party acquiring its assets, thereby entailing a transfer of the competitive advantage associated with the benefit of that aid to the party acquiring those assets, takes the following elements into consideration: the subject matter of the transfer, the transfer price, the identity of the shareholders or owners of the acquiring undertaking and of the original undertaking, the moment at which the transfer was carried out and, lastly, the economic logic of the transaction. The use of those criteria by the General Court in its determination of whether there was economic continuity between Sernam and the party acquiring its assets is vitiated by a number of errors of law.

SNCF Mobilités, formerly Société nationale des chemins de fer français (SNCF) v European Commission (C-127/16 P)

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