Information;Judgment — ECLI:EU:T:2020:466
Date: 2020-10-05
Language of the case: German
Court formation: Fifth Chamber
Subject matter: State aids;Competition;Transport
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 5 October 2020 – GVN v Commission (Case T‑583/18) (State aid – Public transport of passengers – Offsetting of the costs involved in the performance of public service obligations – Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility – Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) – Decision not to raise objections – Article 3(2) and (3) of Regulation (EC) No 1370/2007 – Transfer of financial resources from a Land to transport authorities at municipal level – Concept of aid) 1. Transport – Aid for transport – Regulation No 1370/2007 – Offsetting of the costs involved in the performance of public service obligations incurred by passenger transport undertakings – Member States entitled to exclude from the scope of the regulation compensation relating to the maximum tariffs for the transport of pupils, students, apprentices and persons with reduced mobility – Decision of the Member State to bring that compensation back within the scope of the regulation – Whether permissible (European Parliament and Council Regulation No 1370/2007, Art. 3(3)) (see paras 36-44) 2. State aid – Meaning – Grant of an advantage to the beneficiaries – Financial transfer between various levels of public administration for the purpose of allocating resources between public authorities – No advantage granted to an undertaking (Art. 107(1) TFEU) (see paras 53-55, 60) 3. Competition – EU rules – Addressees – Undertakings – Definition – 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 56-60) Re: Application based on Article 263 TFEU seeking annulment of Commission Decision C(2018) 4385 final of 12 July 2018 not to raise objections to the measure adopted by the Land Niedersachsen under Article 7a of the Niedersächsisches Nahverkehrsgesetz [Case SA.46538 (2017/NN)] (OJ 2018 C 292, p. 1). Operative part The Court: 1. Dismisses the action; 2. Orders Gesamtverband Verkehrsgewerbe Niedersachsen e.V. (GVN) to bear its own costs and to pay those incurred by the European Commission; 3. Orders the Federal Republic of Germany and the Land Niedersachsen to bear their own costs.