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Case T-891/16: Order of the General Court of 13 December 2018 — Scandlines Danmark and Scandlines Deutschland v Commission (Action for failure to act — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Adoption of a position by the Commission — Inadmissibility)

ECLI:EU:UNKNOWN:62016TB0891

62016TB0891

December 13, 2018
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Official Journal of the European Union

C 65/35

(Case T-891/16) (Action for failure to act - State aid - Public financing of the Fehmarn Belt fixed rail-road link - Individual aid - Adoption of a position by the Commission - Inadmissibility)

(2019/C 65/44)

Language of the case: English

Parties

Applicants: Scandlines Danmark ApS (Copenhagen, Denmark) and Scandlines Deutschland GmbH (Hamburg, Germany) (represented by: L. Sandberg-Mørch, lawyer)

Defendant: European Commission (represented by: L. Armati and by S. Noë, acting as Agents)

Intervener in support of the defendant: Kingdom of Denmark (represented initially by: C. Thorning, and subsequently by J. Nymann-Lindegren, acting as Agents, and by R. Holdgaard, lawyer)

Re:

Application pursuant to Article 265 TFEU for a declaration that the Commission acted unlawfully by failing to define its position on aid measures concerning the financing, planning, construction and operation of the Fehmarn Belt fixed rail-road link.

Operative part of the order

1.The action is dismissed as inadmissible;

2.Scandlines Danmark ApS and Scandlines Deutschland GmbH are to bear their own costs and to pay the costs incurred by the European Commission;

3.The Kingdom of Denmark is to bear its own costs.

Language of the case: English.

(1) OJ C 63, 27.2.2017

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