By Andrea Rigamonti
In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally came into force on 1 July 1969, and Regulation (EC) 1370/2007, which repealed the former instrument and came into force on 3 December 2009.
The dispute began in February 2010, when the Commission issued a decision addressed to the Kingdom of Denmark, declaring that the public transport service contracts granted to Danske Statsbaner SV (DSB) constituted (non-notified) State aid under Article 107(1) TFEU, but that such aid was compatible with the internal market on the basis of Regulation (EC) 1370/2007.
Mr. Andersen, a competitor of DSB on the route between Compenhagen and Ystad, challenged the decision in front of the General Court (GC), and the Commission subsequently appealed against the latter’s decision in front of the EU Court of Justice (CJEU).