No L 55/52 Official Journal of the European Communities 26. 2. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 December 1993 concerning a refusal to grant access to the facilities of the port of Redby [Denmark] (Only the Danish text is authentic) (94/119/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof, Having given the Danish authorities and the undertaking DSB the opportunity to make known their views on the objections raised by the Commission with regard to the refusal of the Danish Government to allow ‘Euro-Port A/S’, a subsidiary of the Swedish group ‘Stena Rederi AB’ (Stena) either to build a new terminal in the immediate vicinity of the port of Redby or to have access to the existing terminal at this port with a view to operating a ferry service between Redby and Puttgarden, Whereas : THE FACTS The State measure in question (1) By letter of 9 May 1990 the Danish Transport Minister refused to allow ‘Euro-Port A/S’, a subsi- diary of the Swedish group ‘Stena Rederi AB’ (Stena) to build a private commercial port in the immediate vicinity of the port of Raedby. e 3) By letter of 6 August 1990 the same Minister rejected the request by ‘Euro-Port A/S’ a subsidiary of the Swedish group ‘Stena Rederi AB’ (Stena) to operate from the public port of Redby. The undertakings and services concerned DSB is a public undertaking with the status of a department of the Transport Ministry and a budget provided for in the Finance Law. It holds the exclusive right to organize rail taffic in Denmark. It is also the owner of the port of Redby and is responsible for its management. Utilization of the port terminals, however, requires the authori- zation of the Transport Minister, acting on a proposal from DSB. DSB also operates ferry services between Denmark and neighbouring countries but does not hold any exclusive rights to such services. ‘Stena Rederi AB’ (Stena) is a Swedish shipping group which specializes in ferry services and wishes to operate between Denmark and Germany through two subsidiaries. — Europort A/S, a Danish company, — Scan-Port GmbH, a German company. These are the complainants in this case.