Judgment of the General Court (Third Chamber) of 18 January 2017 — Andersen v Commission
(Case T‑92/11 RENV)
(State aid — Rail transport — Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) — Public service contracts for the supply of rail passenger transport services between Copenhagen and Ystad — Decision declaring the aid compatible with the internal market subject to certain conditions — Temporal application of rules of substantive law — Service of general economic interest — Manifest error of assessment)
1. Actions for annulment — Grounds — Infringement of essential procedural requirements — Lack of or inadequate statement of reasons — To be considered of the Court’s own motion
(Arts 263 TFEU and 296 TFEU)
(see para. 40)
2. Acts of the institutions — Statement of reasons — Obligation — Scope
(Art. 296 TFEU)
(see para. 41)
3. EU law — Principles — Rights of defence — Audi alteram partem rule — Compliance in the context of judicial proceedings — Scope — Plea raised of the court’s own motion without inviting the parties to submit observations — Infringement
(Rules of Procedure of the General Court, Art. 113)
(see para. 45)
4. Competition — Undertakings entrusted with the operation of services of general economic interest — Definition of services of general economic interest — Member States’ discretion — Limits — Review by the Commission only in the event of manifest error
(Art. 106(2) TFEU)
(see para. 56)
5. State aid — Examination by the Commission — Scope
(Art. 107 TFEU)
(see para. 57)
6. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Aid pursuing an objective in the public interest
(Art. 107(3)(c) TFEU)
(see para. 69)
Re:
| APPLICATION based on Article 263 TFEU seeking the partial annulment of Commission Decision 2011/3/EU of 24 February 2010 concerning public transport service contracts between the Danish Ministry of Transport and Danske Statsbaner (State aid C 41/08 (ex NN 35/08)) (OJ 2011 L 7, p. 1). |
Operative part
The Court:
1. | | Annuls the second paragraph of Article 1 of Commission Decision 2011/3/EU of 24 February 2010 concerning public transport service contracts between the Danish Ministry of Transport and Danske Statsbaner (State aid C 41/08 (ex NN 35/08)) in so far as it concerns the payment of 21 December 2009; |
2. | | Dismisses the remainder of the action; |
3. | | Orders Mr Jørgen Andersen, the European Commission, Dansk Tog, the Kingdom of Denmark and Danske Statsbaner (DSB) to bear their own costs. |
2. | | Dismisses the remainder of the action; |
3. | | Orders Mr Jørgen Andersen, the European Commission, Dansk Tog, the Kingdom of Denmark and Danske Statsbaner (DSB) to bear their own costs. |
3. | | Orders Mr Jørgen Andersen, the European Commission, Dansk Tog, the Kingdom of Denmark and Danske Statsbaner (DSB) to bear their own costs. |