Judgment of the General Court of 20 March 2013 - Andersen v Commission
(Case T-92/11)
(State aid - Aid granted by the Danish authorities to the public undertaking DSB - Public service contracts for the supply of passenger rail transport services between Copenhagen and Ystad - Decision declaring the aid compatible with the internal market subject to conditions - Temporal application of rules of substantive law)
Language of the case: English
Parties
Applicant: Jørgen Andersen (Ballerup, Denmark) (represented by: M. Nissen, G. van de Walle de Ghelcke and J. Rivas Andrés, lawyers)
Defendant: European Commission (represented by: T. Maxian Rusche and L. Armati, acting as Agents)
Interveners in support of the defendant: Kingdom of Denmark (represented by: C. Vang, acting as Agent, assisted by K. Lundgaard Hansen and R. Holdgaard, lawyers); and by Danske Statsbaner (DSB) (Copenhagen, Denmark) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)
Re:
Application for 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 (Case 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 (Case C 41/08 (ex NN 35/08));
Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Jørgen Andersen, with the exception of those arising from the interventions;
Orders the Kingdom of Denmark to bear its own costs and to pay those incurred by Mr Andersen arising from its intervention;
Orders Danske Statsbaner (DSB) to bear its own costs and to pay those incurred by Mr Andersen arising from its intervention.
____________1 - OJ C 103, 2.4.2011.