CELEX: 62015TA0631
Language: en
Date: 2018-12-13 00:00:00
Title: Case T-631/15: Judgment of the General Court of 13 December 2018 — Stena Line Scandinavia v Commission (State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest)

4.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/38
            
         
      Judgment of the General Court of 13 December 2018 — Stena Line Scandinavia v Commission
      (Case T-631/15) (1)
      
      ((State aid - Public financing of the Fehmarn Belt fixed link rail-road project - Individual aid - Decision not to raise any objections - Decision finding no State aid and declaring the aid compatible with the internal market - Definition of State aid - Adverse effect on competition and effect on trade between Member States - Conditions governing compatibility - Aid to promote the execution of an important project of common European interest - Necessity of the aid - Incentive effect - Proportionality of the aid - Serious difficulties justifying the initiation of the formal investigation procedure - Obligation to state reasons - Communication on State aid to promote the execution of important projects of common European interest))
      (2019/C 82/43)
      Language of the case: English
      
         Parties
      
      
         Applicant: Stena Line Scandinavia AB (Gothenburg, Sweden) (represented by: P. Alexiadis, Solicitor, and L. Sandberg-Mørch, lawyer)
      
         Defendant: European Commission (represented by: L. Armati, L. Flynn and S. Noë, acting as Agents)
      
         Intervener in support of the applicant: Föreningen Svensk Sjöfart (Gothenburg) (represented by: L. Sandberg-Mørch and J. Buendía Sierra, lawyers)
      
         Intervener in support of the defendant: Kingdom of Denmark (represented by: initially C. Thorning, and subsequently J. Nymann-Lindegren, acting as Agents, and R. Holdgaard, lawyer)
      
         Re:
      
      Application pursuant to Article 263 TFEU for annulment of Commission Decision C(2015) 5023 final of 23 July 2015 on State aid SA.39078 (2014/N) (Denmark) for the financing of the Fehmarn Belt fixed link project (OJ 2015 C 325, p. 5).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Commission Decision C(2015) 5023 final of 23 July 2015 on State aid SA.39078 (2014/N) (Denmark) for the financing of the Fehmarn Belt fixed link project (OJ 2015 C 325, p. 5) in so far as the Commission decided not to raise any objections to the measures granted by the Kingdom of Denmark to Femern A/S for the planning, construction and operation of the Fehmarn Belt fixed link;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders the Commission to bear its own costs and to pay the costs incurred by Stena Line Scandinavia AB;
               
            
                  4.
               
               
                  Orders the Kingdom of Denmark and Föreningen Svensk Sjöfart to bear their own costs.
               
            
         (1)  OJ C 59, 15.2.2016.