Дело T-***/**: *****************, Определение от **.**.2018 г.

Текст

... of a position by the Commission — Inadmissibility)

In Case T‑891/16,

Scandlines Danmark ApS, established in Copenhagen (Denmark),

Scandlines Deutschland GmbH, established in Hamburg (Germany),

represented by L. Sandberg-Mørch, lawyer,

applicants,

v

European Commission, represented by L. Armati and by S. Noë, acting as Agents,

defendant,

supported by

Kingdom of Denmark, represented initially by C. Thorning, and subsequently by J. Nymann-Lindegren, acting as Agents, and by R. Holdgaard, lawyer,

intervener,

APPLICATION pursuant to Article 265 TFEU for a declaration that the Commission acted unlawfully by failing to define its position on aid measures concerning the financing, planning and construction of the Fehmarn Belt fixed rail-road link

THE GENERAL COURT (Sixth Chamber),

composed of G. Berardis, President, D. Spielmann and Z. Csehi (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

The applicants

1. The applicants, Scandlines Danmark ApS and Scandlines Deutschland GmbH, are part of a ferry operator group founded in 1998 engaged in the transport of passengers, cars, trains and freight. They operate two ferry routes between Germany and Denmark, that is, respectively, between Puttgarden-Rødby and Rostock-Gedser.

The project and the previous decisions

2. The Treaty between the Kingdom of Denmark and the Federal Republic of Germany on a fixed link across the Fehmarn Belt, signed on 3 September 2008 and ratified in 2009 (‘the international agreement’), approved the project for the Fehmarn Belt link between Denmark and Germany (‘the project’). The Project consists of infrastructure, namely an immersed tunnel (‘the fixed link’), and rail ...