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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)
ECLI:EU:UNKNOWN:62015TA0631
62015TA0631
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4.3.2019
Official Journal of the European Union
C 82/38
(Case T-631/15) (*)
((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.
(*)
Language of the case: English.
ECLI:EU:C:2019:140
* * *
Language of the case: English.