Orders nº T-566/19 of Tribunal General de la Unión Europea, September 13, 2019

• Resolution Date: September 13, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-566/19

(Application for interim measures - State aid - Extension of time limit - No interest)

In Case T-566/19 R,

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 C. Georgieva-Kecsmar and S. Noë, acting as Agents,

defendant,

APPLICATION pursuant to Articles 278 and 279 TFEU seeking suspension of the formal investigation procedure in State aid case SA.39078 (2019/C) (ex 2014/N) - Denmark - Financing of the Fehmarn Belt Fixed Link project (OJ 2019 C 226, p. 5),

THE PRESIDENT OF THE GENERAL COURT

makes the following

Order

Background to the dispute, procedure and forms of order sought

1 The European Commission invited the interested parties in its decision of 14 June 2019, State aid SA.39078 (2019/C) (ex 2014/N) - Denmark - Financing of the Fehmarn Belt Fixed Link project (OJ 2019 C 226, p. 5) to submit comments within 1 month of publication of the decision in the Official Journal of the European Union.

2 On the day on which that decision was adopted, namely, 14 June 2019, the applicants, Scandlines Danmark ApS and Scandlines Deutschland GmbH, requested an extension of the time limit for submitting comments, on the ground that in July and August staff of the applicants in Denmark and Germany are on holiday.

3 On 17 June 2019, the Commission replied that this request was premature, since the aforementioned decision had not yet been published.

4 On 5 July 2019, the decision of 14 June 2019 was published in the Official Journal of the European Union.

5 On 9 July 2019, the applicants requested an extension of the time limit to 5 September 2019, given that staff are on holiday in July and the first half of August.

6 The Commission replied the same day that no extension of the time limit would be granted.

7 On 15 July 2019, the applicants requested the Commission to reconsider its position.

8 On 22 July 2019, the Commission replied that ‘on an exceptional basis’ the time limit was to be extended to 20 August 2019 (‘the contested decision’).

9 By application lodged at the Court Registry on 17 August 2019, the applicants brought an action against the Commission for annulment of the contested decision.

10 By separate document lodged at the Court Registry on the same day, the applicants brought the present application for interim measures, in which they claim that the President of the...