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Document 62016TO0890(01)
Order of the General Court (Sixth Chamber) of 13 December 2018.
Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission.
Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Act not open to challenge — Purely confirmatory measure — Preparatory act — Inadmissibility.
Case T-890/16.
Order of the General Court (Sixth Chamber) of 13 December 2018.
Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission.
Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Act not open to challenge — Purely confirmatory measure — Preparatory act — Inadmissibility.
Case T-890/16.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Sixth Chamber) of 13 December 2018 –
Scandlines Danmark and Scandlines Deutschland v Commission
(Case T‑890/16)
(Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Act not open to challenge — Purely confirmatory measure — Preparatory act — Inadmissibility)
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1. |
Actions for annulment — Action against a decision merely confirming a previous decision — Inadmissibility — Concept of confirmatory decision (Art. 263 TFEU) (see paras 30, 35, 38, 39) |
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2. |
Actions for annulment — Actionable measures — Measures producing binding legal effects — Commission letter merely communicating a provisional first analysis as to a possible State aid measure — Not included (Art. 263 TFEU; Council Regulation 2015/1589, Art. 24(2)) (see paras 47-50) |
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3. |
State aid — Examination of complaints — Obligations of the Commission — Statement of reasons — Scope (Arts 108(2) and (3) TFEU and 296 TFEU) (see paras 68, 69) |
Re:
Application pursuant to Article 263 TFEU for annulment of the Commission’s letter of 30 September 2016 concerning State aid implemented by Denmark for the financing of the Fehmarn Belt fixed rail-road link.
Operative part
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1. |
The action is dismissed as inadmissible. |
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2. |
Scandlines Danmark ApS and Scandlines Deutschland GmbH are to bear their own costs and to pay the costs incurred by the European Commission. |
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3. |
The Kingdom of Denmark is to bear its own costs. |