CASE COMMENTS: STATE AIDS – RATIONE TEMPORIS – APPEAL ON POINTS OF LAW – ANNULMENT

Public service contracts: The Court of Justice of the European Union annuls a judgment of General Court of the European Union in ruling that the compatibility with the internal market of the aid in question must be assessed in the light of the rules in force at the moment of the Commission’s decision, and not at the moment of the granting of the aid (Andersen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Reminder of facts and procedure Until 2000, Danske Statsbaner ("DSB") was the incumbent rail transport operator in Denmark. Following the abolition of its historical monopoly in 2000, the Danish Ministry of Transport awarded DSB public service transport contracts covering the periods 2000-2004 and 2005-2014, some of which provided for compensation for the routes operated. By a decision of 24 February 2010, the Commission found that the contracts constituted State aid but were compatible with the internal market (Decision 2011/3/EU of 24 February 2010, OJEU No L 7 of 11 January 2011, p. 1), relying in particular on Regulation (EC) No 1370/2007 of the

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Public service contracts: The Court of Justice of the European Union annuls a judgment of General Court of the European Union in ruling that the compatibility with the internal market of the aid in question must be assessed in the light of the rules in force at the moment of the Commission’s decision, and not at the moment of the granting of the aid (Andersen), 6 October 2015, Concurrences N° 1-2016, Art. N° 77908, pp. 156-157

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