This document is an excerpt from the EUR-Lex website
Document 62020CJ0666
Judgment of the Court (Seventh Chamber) of 24 March 2022.
Gesamtverband Verkehrsgewerbe Niedersachsen eV (GVN) v European Commission.
Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’.
Case C-666/20 P.
Judgment of the Court (Seventh Chamber) of 24 March 2022.
Gesamtverband Verkehrsgewerbe Niedersachsen eV (GVN) v European Commission.
Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’.
Case C-666/20 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2022:225
Judgment of the Court (Seventh Chamber) of 24 March 2022 – GVN v Commission
(Case C‑666/20 P) ( 1 )
(Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’)
1. |
Appeal – Admissibility – Decisions against which an appeal may be brought – Decision of the General Court not to rule on a plea of inadmissibility against an action dismissed as unfounded – Not included (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 23-25) |
2. |
EU law – Principles – Rights of the defence – Right to a judicial hearing – No obligation to incorporate in the decision all the submissions of the parties (Charter of Fundamental Rights of the European Union, Art. 47, second para.) (see paras 32-37) |
3. |
Appeal – Grounds – Plea raised for the first time in the context of the appeal – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 43-46, 55) |
4. |
Appeal – Grounds – Lack of specific criticism of a point of the General Court’s reasoning and of legal arguments in support of the appeal – Inadmissibility (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paras 51-53) |
5. |
Competition – EU rules – Addressees – Undertakings – Concept – Exercise of an economic activity – Entity engaged in both economic and non-economic activities – Entity that cannot be classified as an undertaking except as regards its economic activities (Art. 107(1) TFEU) (see paras 69-74) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Gesamtverband Verkehrsgewerbe Niedersachsen eV (GVN) to bear its own costs and to pay those incurred by the European Commission; |
3. |
Orders Land Niedersachsen (Germany) to bear its own costs. |
( 1 ) OJ C 44, 8.2.2021.