Judgment of the General Court (Sixth Chamber) of 13 December 2018 –
Scandlines Danmark and Scandlines Deutschland v Commission
(Case T‑630/15)
(State aid — Public financing of the Fehmarn Belt fixed link project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest)
1. Judicial proceedings — Introduction of new pleas during the proceedings — Pleas constituting a new application — Inadmissibility
(Rules of Procedure of the General Court, Art. 84(1))
(see paras 45-52)
2. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid
(Art. 296 TFEU)
(see paras 60, 61)
3. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment
(Art. 107(1) TFEU)
(see para. 84)
4. State aid — Examination by the Commission — Preliminary review and main review — Commission’s duty to initiate the main review procedure in the event of serious difficulties — Meaning of serious difficulties — Objective nature — Judicial review — Scope
(Art. 108(2) and (3) TFEU)
(see paras 138-140)
5. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Discretion of the Commission — Complex evaluation of economic matters — Judicial review — Limits
(Art. 107(3)(b) TFEU)
(see para. 141)
6. State aid — Prohibition — Exceptions — Aid contributing to the execution of an important project of common European interest — Concept — Public financing of the Fehmarn Belt fixed rail-road link — Included
(Art. 107(3)(b) TFEU; Commission notice 2014/C 188/02)
(see paras 170-182)
7. State aid — Prohibition — Exceptions — Discretion of the Commission — Adoption by the Commission of guidelines governing the compatibility of aid with the internal market — Consequences — Self-limitation of its discretion
(Art. 107(3)(b) TFEU; Commission notice 2008/C 155/02)
(see paras 261-263)
Re:
| Application pursuant to Article 263 TFEU for annulment of Commission Decision C(2015) 5023 final of 23 July 2015 on State aid SA.39078 (2014/N) (Denmark) for the financing of the Fehmarn Belt fixed link project (OJ 2015 C 325, p. 5). |
Operative part
The Court:
1. | | Annuls Commission Decision C(2015) 5023 final of 23 July 2015 on State aid SA.39078 (2014/N) (Denmark) for the financing of the Fehmarn Belt fixed link project (OJ 2015 C 325, p. 5) in so far as the Commission decided not to raise any objections to the measures granted by the Kingdom of Denmark to Femern A/S for the planning, construction and operation of the Fehmarn Belt fixed link; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders the Commission to bear its own costs and to pay the costs incurred by Scandlines Danmark ApS and Scandlines Deutschland GmbH; |
4. | | Orders the Kingdom of Denmark, Föreningen Svensk Sjöfart and Naturschutzbund Deutschland (NABU) eV to bear their own costs. |