The Court of Justice of the European Union has on Thursday 13th December 2018 given a verdict in the complaint by Scandlines and Stena Lines regarding the European Commission’s approval of state aid to the Fehmarnbelt project.
Femern A/S will now read the verdict closely and discuss the matter with the company’s lawyers. In September 2018 the Court of Justice of the European Union gave a verdict in a similar case regarding the Oresund Fixed Link.
Based on the company’s preliminary reading of the verdict, it appears that the Court of Justice of the European Union concludes that the EU Commission made an error by not initiating a so-called ‘formal investigation procedure’ in connection with their decision in the state aid case.
Thus, the validity of the state guarantee model is not contested, but there were some procedural errors in connection with the EU Commission’s approval.
The Commission now has the opportunity to rectify and repair these errors and provide a new approval.
Femern A/S has prepared for this situation and secured the necessary liquidity during such a ‘repair period’, so that the Fehmarnbelt project is not stopped.
Moreover, the verdict is not expected to have any consequences on EU financial support for the Fehmarn project.