Order of the Court of First Instance (Eighth Chamber) of 25 November
   2009 - Andersen v Commission

   (Case T-87/09)

   State aid - Measures in favour of Danske Statsbaner - Public service
   obligations - Decision to initiate the procedure provided for in
   Article 88(2) EC - Inadmissibility

   1.                     Actions for annulment - Actionable measures -
   Meaning - Measures producing binding legal effects - Preparatory
   measures - Not included (Art. 230 EC) (see paras 50-55)

   2.                     Actions for annulment - Actionable measures -
   Measures producing binding legal effects - Decision to open a formal
   investigation procedure classifying a transport service as a public
   service - Legal effects independent of the final decision - None (Arts
   88(2) EC and 230 EC; Council Regulation No 659/1999, Arts 4(4) and
   6(1)) (see paras 56-61)

   Re:

   ACTION for annulment of Commission Decision C(2008) 4776 final of 10
   September 2008 to initiate the procedure provided for in Article 88(2)
   EC in respect of State aid C 41/2008 (ex NN 35/2008), implemented by
   the Kingdom of Denmark in favour of Danske Statsbaner.

   Operative part

   1.

   The application is dismissed as inadmissible.

   2.

   Mr Jørgen Andersen is ordered to pay the costs.