Language of document :

Appeal brought on 25 February 2019 by Scandlines Danmark ApS and Scandlines Deutschland GmbH against the order of the General Court (Sixth Chamber) delivered on 13 December 2018 in Case T-890/16: Scandlines Danmark and Scandlines Deutschland v Commission

(Case C-173/19 P)

Language of the case: English

Parties

Appellants: Scandlines Danmark ApS and Scandlines Deutschland GmbH (represented by: L. Sandberg-Mørch, advokat)

Other parties to the proceedings: European Commission, Kingdom of Denmark

Form of order sought

The appellants claim that the Court should:

Set aside the Order of 13 December 2018 of the General Court in Case T-890/16 to the extent that it contradicts the General Court’s judgment in Case T-630/15 as to the nature of the Commission Decision as a confirmatory measure regarding the additional construction measures.

Order the respondent to pay its own costs and the costs of the appellants.

Pleas in law and main arguments

In support of the application, the applicants relie on two pleas in law:

First Plea: the General Court erred in law by adopting the contested order on the basis of a position which is entirely the opposite of that adopted in its judgment in Case T-630/15.

Second Plea: the General Court erred in law by adopting the contested order with a statement of reasons that suffers from internal contradictions.

____________