CELEX: 62009TO0087
Language: en
Date: 2009-11-25 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 25 November 2009. # Jørgen Andersen v Commission of the European Communities. # State aid - Measures in favour of Danske Statsbaner - Public service obligations - Decision to initiate the procedure provided for in Article 88(2) EC - Inadmissibility. # Case T-87/09.

Order of the Court of First Instance (Eighth Chamber) of 25 November 2009 – Andersen v Commission
      (Case T-87/09)
      State aid – Measures in favour of Danske Statsbaner – Public service obligations – Decision to initiate the procedure provided for in Article 88(2) EC – Inadmissibility
      1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Preparatory measures –
            Not included (Art. 230 EC) (see paras 50-55)
      2.                     Actions for annulment – Actionable measures – Measures producing binding legal effects – Decision to open a formal investigation
            procedure classifying a transport service as a public service – Legal effects independent of the final decision – None (Arts
            88(2) EC and 230 EC; Council Regulation No 659/1999, Arts 4(4) and 6(1)) (see paras 56-61)
      Re:
      
         
               ACTION for annulment of Commission Decision C(2008) 4776 final of 10 September 2008 to initiate the procedure provided for
                  in Article 88(2) EC in respect of State aid C 41/2008 (ex NN 35/2008), implemented by the Kingdom of Denmark in favour of
                  Danske Statsbaner.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Jørgen Andersen is ordered to pay the costs.