The German Administrative Court rules that a service contract for the regional rail public transport is not subjected to State aid notification (Nordrhein-Westfalen)

Brief description of the facts and legal issues The Gelsenkirchen Administrative Court holds that a service contract for regional public rail transport is not subject to a notification requirement. A definitive Commission decision stating declaring that Article 87(1) EC has been infringed is necessary before declaring the underlying contract null and void and requesting recovery (Regional rail transport services in Nordrhein-Westfalen) Parties: – The applicant: Regional rail transport services operator in Nordrhein-Westfalen; – The defendant: Special purpose association subject to public law. Factual background: The applicant was an undertaking operating regional rail transport services in Nordrhein-Westfalen. The defendant was a special purpose association subject to public