HH Ferries I/S, formerly Scandlines Øresund I/S and Others v European Commission (T-68/15)

Judgment of 19 Sept 2018

law://eu/cjeu/2015/t-68-15/para_210@2026-11-12

210In the second place, as regards more specifically the failure to weigh the positive effects of aid against its negative effects, in the judgment of 25 June 1970, France v Commission (47/69, EU:C:1970:60, paragraph 7), the Court of Justice held that, in order to determine whether aid adversely affects trading conditions to an extent contrary to the common interest, it is necessary to consider, in particular, whether there is an imbalance between the charges imposed on the undertakings concerned on the one hand and the benefits derived from the aid in question on the other. The General Court concluded that the Commission is under an obligation, when examining the impact of State aid, to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition, as the Commission itself pointed out in its XIVth Report on Competition Policy (1984, p. 130, paragraph 202) (judgment of 25 June 1998, British Airways and Others v Commission, T‑371/94 and T‑394/94, EU:T:1998:140, paragraphs 282 and 283).

HH Ferries I/S, formerly Scandlines Øresund I/S and Others v European Commission (T-68/15)

History · 1 version

Key facts

Connections