10.11.2014

Official Journal of the European Union

C 395/32

(Case T-601/11) (*)

((Actions for annulment - State aid - Online gaming - Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades - Decision declaring aid compatible with the internal market - Aid to facilitate the development of certain activities - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility))

(2014/C 395/37)

Language of the case: Danish

Parties

Applicant: Dansk Automat Brancheforening (Fredericia, Denmark) (represented by: K. Dyekjær, T. Høg and J. Flodgaard, lawyers)

Defendant: European Commission (represented by: M. Afonso and C. Barslev, and subsequently by M. Afonso and L. Grønfeldt, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang, and subsequently by M. Wolff and C. Thorning, acting as Agents, assisted by K. Lundgaard Hansen, lawyer); Republic of Malta (represented by: P. Grech and A. Buhagiar, acting as Agents); Betfair Group plc (London, United Kingdom) and Betfair International Ltd (Santa Venera, Malta) (represented by: O. Brouwer and A. Pliego Selie, lawyers); European Gaming and Betting Association (EGBA) (Brussels, Belgium) (represented by: C.-D. Ehlermann, J.C. Heithecker and J. Ylinen, lawyers)

Re:

Application for annulment of Commission Decision 2012/140/EU of 20 September 2011 in Case No C 35/2010 (ex N 302/2010) on measures which Denmark is planning to implement in the form of duties for online gaming in the Danish [Law on gaming duties] (OJ 2012, L 68, p. 3).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Dansk Automat Brancheforening to bear its own costs and to pay those incurred in the main proceedings by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA);

3.Orders Dansk Automat Brancheforening to pay its own costs in connection with the interim proceedings and to pay those incurred by the Commission;

4.Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.

(*) Language of the case: Danish.