Closure of a State aid procedure without a final decision regarding the HHLA-MSC case

Question for written answer to the Commission by Fabio De Masi (NI, DE)

1. Which provision of the procedural rules regarding state aid (Regulation (EU) 2015/1589) enables the Commission to close the state aid procedure concerning the sale of shares in Hamburger Hafen und Logistik Aktiengesellschaft (HHLA) to the shipping company MSC ‘without a final decision at this stage’ (written submission to the Commission of 21 May 2025 – reference EASE 2025/2487)?

2. What circumstances might lead the Commission to reopen the procedure?

Answer given by Executive Vice-President Ribera on behalf of the European Commission

The Commission has closed the case regarding allegations on the sale price of shares in Hamburger Hafen und Logistik Aktiengesellschaft (HHLA) to the shipping company MSC without a formal decision pursuant to Article 24(2) of Regulation (EU) 2015/1589, as no interested party within the meaning of Article 1(h) of Regulation (EU) 2015/1589 submitted an admissible formal complaint.

The Commission could reopen the case if it were to receive an admissible formal complaint that fully complies with Article 24(2) of Regulation (EU) 2015/1589 containing factual elements substantiating the existence of unlawful aid to MSC.

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