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Case T-597/18: Judgment of the General Court of 5 October 2020 — Hermann Albers v Commission (State aid — Public transport of passengers — Offsetting of the costs involved in the performance of public service obligations — Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility — Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) — Decision not to raise objections — Article 3(2) and (3) of Regulation (EC) No 1370/2007 — Transfer of financial resources from a Land to transport authorities at municipal level — Concept of aid — Obligation to notify)
ECLI:EU:UNKNOWN:62018TA0597
62018TA0597
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Valentina R., lawyer
14.12.2020
Official Journal of the European Union
C 433/43
(Case T-597/18) (*)
(State aid - Public transport of passengers - Offsetting of the costs involved in the performance of public service obligations - Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility - Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) - Decision not to raise objections - Article 3(2) and (3) of Regulation (EC) No 1370/2007 - Transfer of financial resources from a Land to transport authorities at municipal level - Concept of aid - Obligation to notify)
(2020/C 433/53)
Language of the case: German
Parties
Applicant: Hermann Albers e.K. (Neubörger, Germany) (represented by: S. Roling, lawyer)
Defendant: European Commission (represented by: F. Tomat and K.-P. Wojcik, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, D. Klebs and S. Heimerl, acting as Agents) and Land Niedersachsen (Germany) (represented by: S. Barth and H. Gading, lawyers)
Re:
Application based on Article 263 TFEU seeking annulment of Commission Decision C(2018) 4385 final of 12 July 2018 not to raise objections to the measure adopted by the Land Niedersachsen under Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) [Case SA. 46697 (2017/NN)] (OJ 2018 C 292, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hermann Albers e.K. to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Federal Republic of Germany and the Land Niedersachsen to bear their own costs.
(*)
Language of the case: German.
ECLI:EU:C:2020:140
* * *
(*) Language of the case: German.