Order of the Court of First Instance (Eighth Chamber) of 25 November 2009 – Andersen v Commission

(Case T-87/09)

State aid – Measures in favour of Danske Statsbaner – Public service obligations – Decision to initiate the procedure provided for in Article 88(2) EC – Inadmissibility

1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Preparatory measures – Not included (Art. 230 EC) (see paras 50-55)

2.                     Actions for annulment – Actionable measures – Measures producing binding legal effects – Decision to open a formal investigation procedure classifying a transport service as a public service – Legal effects independent of the final decision – None (Arts 88(2) EC and 230 EC; Council Regulation No 659/1999, Arts 4(4) and 6(1)) (see paras 56-61)

Re:

ACTION for annulment of Commission Decision C(2008) 4776 final of 10 September 2008 to initiate the procedure provided for in Article 88(2) EC in respect of State aid C 41/2008 (ex NN 35/2008), implemented by the Kingdom of Denmark in favour of Danske Statsbaner.

Operative part

1. The application is dismissed as inadmissible.

2. Mr Jørgen Andersen is ordered to pay the costs.