Judgment of the General Court of 18 January 2017 –Andersen v Commission
(Case T-92/11 RENV) 1
(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)
Language of the case: English
Parties
Applicant: Jørgen Andersen (Ballerup, Denmark) (represented by: J. Rivas Andrés and M.-I. Rantou, lawyers)
Defendant: European Commission (represented by: L. Armati and T. Maxian Rusche, acting as Agents)
Interveners in support of the defendant: Kingdom of Denmark (represented by: C. Thorning, acting as Agent, assisted by R. Holdgaard, lawyer) and Danske Statsbaner (DSB), (Copenhagen, Denmark) (represented by: M. Honoré, lawyer)
Intervener in support of the applicant: Dansk Tog (Copenhagen, Denmark) (represented by: G. van de Walle de Ghelcke, J. Rivas Andrés and F. Nissen Morten, lawyers)
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 of the judgment
The Court:
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;
Dismisses the remainder of the action;
Orders Mr Jørgen Andersen, the European Commission, Dansk Tog, the Kingdom of Denmark and Danske Statsbaner (DSB) to bear their own costs.
____________1 OJ C 103, 2.4.2011.