Judgment of the General Court of 10 April 2024 – Danske Slagtermestre v Commission
(Case T-486/18 RENV) 1
(State aid – Contributions scheme for the collection of waste water – Complaint from a competitor – Decision finding no State aid at the end of the preliminary examination stage – Requirement of impartiality – Objective impartiality – Concept of ‘advantage’ – Market economy operator principle – Ex ante incremental profitability analysis – Commission Notice on the notion of State aid)
Language of the case: Danish
Parties
Applicant: Danske Slagtermestre (Odense, Denmark) (represented by: H. Sønderby Christensen, lawyer)
Defendant: European Commission (represented by: I. Barcew, C. Vang and P. Němečková, acting as Agents)
Intervener in support of the defendant: Kingdom of Denmark (represented by: M. Søndahl Wolff, C. Maertens, J. Kronborg and M. Jespersen, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2018) 2259 final of 19 April 2018 relating to State aid SA.37433 (2017/FC) – Denmark.
Operative part of the judgment
The Court:
Annuls Commission Decision C(2018) 2259 final of 19 April 2018 relating to State aid SA.37433 (2017/FC) – Denmark;
Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Danske Slagtermestre in the proceedings before the General Court and before the Court of Justice;
Declares that the Kingdom of Denmark is to bear its own costs.
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1 OJ C 381, 22.10.2018.