Information;Judgment — ECLI:EU:T:2024:124
Date: 2024-02-28
Language of the case: English
Court formation: First Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary
Origin: Germany;Denmark

Judgment of the General Court (First Chamber) of 28 February 2024 – Scandlines Danmark and Scandlines Deutschland v Commission (Case T‑7/19) (1) ( State aid – Public financing of the Fehmarn Belt fixed rail-road link project – Aid granted by Denmark to Femern and Femern Landanlæg – Decision finding that certain measures do not constitute unlawful aid – Decision not to raise any objections – Partial withdrawal of the contested act – No need to adjudicate in part – Scope of Article 107(1) TFEU – Failure to initiate the formal investigation procedure – Obligation to state reasons ) 1. Action for annulment – Natural or legal persons – Interest in bringing proceedings – Need for a vested and present interest – Commission decision finding that there is no State aid, without initiating the formal investigation procedure – Action by parties concerned within the meaning of Article 108(2) TFEU – Partial withdrawal of that decision in the course of the proceedings – Interest in bringing proceedings ceasing in part to exist – No need to adjudicate in part (Art. 263 TFEU) (see paragraphs 26-33) 2. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid – Statement of reasons by reference to another decision – Whether permissible – Condition (Arts 107(1), 108(2) and 296 TFEU) (see paragraphs 40-42) 3. Competition – EU rules – Undertaking – Concept – Exercise of an economic activity – Public body not carrying out an economic activity – Not included – Advantage granted to such a body not falling within the scope of the prohibition on State aid (Art. 107(1) TFEU) (see paragraphs 60-62) 4. Aid granted by a Member State – Examination by the Commission – Preliminary review and main review – Commission’s duty to initiate the main review procedure in the event of serious difficulties – Circumstances enabling the existence of such difficulties to be established – Duration and insufficiency or incompleteness of the examination by the Commission at the time of the preliminary investigation procedure – Lack of evidence (Arts 107(1) and 108(2) and (3) TFEU; Council Regulation No 2015/1589, Art. 4(3) and (4)) (see paragraphs 68-75) Operative part The Court: 1. Declares that there is no longer any need to adjudicate on the head of claim seeking annulment of Commission Decision C(2018) 6268 final of 28 September 2018 on State aid SA.51981 (2018/FC), in so far as it concerns the measures granted to Femern A/S; 2. Dismisses the action as to the remainder; 3. Orders Scandlines Danmark ApS and Scandlines Deutschland GmbH to bear their own costs and to pay the costs incurred by the European Commission; 4. Orders the Kingdom of Denmark to bear its own costs; 5. Orders Aktionsbündnis gegen eine feste Fehmarnbeltquerung eV, Naturschutzbund Deutschland eV (NABU), Trelleborg Hamn AB and Föreningen Svensk Sjöfart (FSS) to bear their own costs. 1 OJ C 72, 25.2.2019.