Transdev and Others v Commission (Judgment) French Text [2019] EUECJ T-291/17 (12 July 2019)

Transdev and Others v Commission (Judgment) French Text [2019] EUECJ T-291/17 (12 July 2019)

The General Court held that the Commission correctly classified the aid as new aid, as it was introduced in 1994 after the relevant market was liberalised, and the applicants failed to prove it was existing aid. The Commission's reasoning was sufficient to allow the applicants to understand the basis for the decision. The prescription rules of Regulation 2015/1589 did not apply because the Commission found the aid compatible, and national rules govern any recovery or interest. All grounds of the application were rejected.

Citation
[2019] EUECJ T-291/17
Parties
Applicant: Transdev; Applicant: Transdev Île de France; Applicant: Transports rapides automobiles (TRA); Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
12 July 2019
Procedural Posture
Action for Annulment / Final Judgment at General Court (first Instance)
Outcome
application dismissed
Legal Topics
State Aid Compatibility, Existing Vs New Aid, Obligation to State Reasons, Prescription of Recovery, Article 107 TFEU, Article 108 TFEU, Regulation (eu) 2015/1589
EU Law State Aid State Aid Compatibility Existing Vs New Aid Obligation to State Reasons Prescription of Recovery Article 107 TFEU Article 108 TFEU +1 more

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Parties

Transdev

Applicant

Transdev Île de France

Applicant

Transports rapides automobiles (TRA)

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Annulment / Final Judgment at General Court (first Instance)

Legal Issues

  1. 1 Whether the aid scheme constituted existing or new aid under EU law
  2. 2 Whether the Commission sufficiently stated reasons for its decision
  3. 3 Whether the prescription period was correctly applied

Ratio Decidendi

The General Court held that the Commission correctly classified the aid as new aid, as it was introduced in 1994 after the relevant market was liberalised, and the applicants failed to prove it was existing aid. The Commission's reasoning was sufficient to allow the applicants to understand the basis for the decision. The prescription rules of Regulation 2015/1589 did not apply because the Commission found the aid compatible, and national rules govern any recovery or interest. All grounds of the application were rejected.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • Transdev, Transdev Île de France and TRA are ordered to pay their own costs and those of the Commission.