On 6 October 2021, in joined Cases C-174/19 and C-175/19, the European Court of Justice (“ECJ”) dismissed the appeals against the judgments rendered by the European General Court (“EGC”) that partially annulled the Commission decision SA.39078 (2014/N) regarding the financing of an infrastructure project between Denmark and Germany (Cases T-630/15, Scandlines Danmark and Scandlines Deutschland v Commission and T-631/15, Stena Line Scandinavia v Commission). The dispute concerned the financing of the Fehmarn Belt, a connection project between Rødby in Denmark and Puttgarden in Germany. In particular, the project consisted of an immersed tunnel, equipped with a railway line between the two countries (the “fixed link”), and the expansion and upgrade of a series of road and rail hinterland
The EU Court of Justice dismisses appeals against judgments rendered by the General Court that partially annulled the Commission’s decision regarding the financing of an infrastructure project between Denmark and Germany and provides guidance on the assessment of distortion of competition in case of statutory monopolies (Scandlines Danmark / Scandlines Deutschland)
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