2001/103/EC: Commission Decision of 31 October 2000 concerning the support given by the Netherlands to NS Cargo for a shuttle link between Rotterdam and Prague (Text with EEA relevance) (notified under document number C(2000) 3270)
Date: 2000-10-31
Institutions: European Commission
Subjects: Netherlands, State aid, application of EU law, control of State aid, exchange of information, rail transport

8.2.2001

EN

Official Journal of the European Communities

L 38/43

COMMISSION DECISION

of 31 October 2000

concerning the support given by the Netherlands to NS Cargo for a shuttle link between
Rotterdam and Prague

(notified under document number C(2000) 3270)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2001/103/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 88(2)(1) thereof,

Having regard to the Agreement concerning the European
Economic Area, and in particular Article 62(1)(a) thereof,

in order to cover the operating costs of the shuttle link.
As a rule operating support
is not permitted under
Community law. On 21 April 1999 the Commission
then decided to initiate the procedure provided for by
Article 88(2) of the EC Treaty (Case C 30/99). The
Dutch Government was informed of that decision by
letter SG(99)/D 3169 of 4 May 1999, which requested
the Netherlands to comment within one month of the
letter's being posted.

Whereas,
have been called upon to comment (1),

in accordance with said Articles, those concerned

(4)

In its letter of 29 June 1999 the Dutch Government
stated that it would ask the recipient of the support
provided, NS Cargo, to repay the amount involved and
ask the Commission to terminate the procedure.

Whereas:

(1)

(2)

(3)

In its letter of 28 April 1995 the Netherlands informed
the Commission of a single payment of
investment
support to NS Cargo for combined transport equipment
amounting to NLG 500 000 that were to be used for a
shuttle link involving combined transport between
Rotterdam and Prague. That notification received the
registration N 484/95.

In its decision of 20 September 1995 (2), the Commis-
sion decided to raise no objection to the action of which
it had been notified and which it considered to comply
with Article 3(1)(e) of Council Regulation (EEC) No
1107/70 (3). The support was paid to NS Cargo on 8
November 1995. In their letter of 13 May 1996 the
Hamburg-based terminal operated HHLA, and others,
the
appealed to the Court of First
Commission's decision (Case T 69/96). That Court has
so far not delivered any final ruling on this matter.

Instance against

Instance,

As part of preparations for its defence in this case before
the Court of First
the Dutch Government
provided the Commission with information which raised
doubts concerning the type of support. The new infor-
mation, indeed, seemed to indicate that the support to
NS Cargo was intended not for investment purposes, but

(1) OJ C 213, 24.7.1999, p. 23.
(2) OJ C 391, 28.12.1996, p. 15.
(3) OJ L 130, 15.6.1970, p. 1.

(5)

(6)

(7)

The Commission's letter of 4 May 1999 was published
in the Official Journal of the European Communities, for
comment, on 24 July 1999 (4). Two terminal operators,
a port authority, a chamber of commerce and a national
government had reacted within the deadline mentioned
in the announcement.

for Transport
The Commission's Directorate-General
passed on its comments to the Dutch Government in its
letter of 6 September 1999. It was also stated in the
Commission's
terminating the procedure
could only be contemplated if the Dutch Government
furnished proof that the amount involved in the support
had,

in fact, been reimbursed.

letter

that

In its letter of 20 July 2000 the Dutch Government
confirmed that NS Cargo had repaid that amount on 22
May 2000, and also furnished proof that the subsidy,
totalling
including
NLG 636 536,50 had been transferred to the account of
the Dutch Ministry of Transport, Public Works and
Water Management,

together

interest

due,

the

(4) See footnote 1.

L 38/44

EN

Official Journal of the European Communities

8.2.2001

HAS DECIDED AS FOLLOWS:

Article 1

The Commission shall terminate the procedure introduced on 21 April 1999 since there is no longer any
reason to continue this.

This Decision is addressed to the Kingdom of the Netherlands.

Article 2

Done at Brussels, 31 October 2000.

For the Commission

Loyola DE PALACIO

Vice-President