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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Deutsche Post v Commission (State aid) [2008] EUECJ T-266/02 (01 July 2008) URL: https://www.bailii.org/eu/cases/EUECJ/2008/T26602.html Cite as: [2008] EUECJ T-266/02, [2008] EUECJ T-266/2 |
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(State aid Measures implemented by the German authorities for Deutsche Post AG Decision declaring the aid incompatible with the common market and ordering its recovery Service of general economic interest Compensation for additional costs generated by a policy of selling below cost in the door-to-door parcel delivery sector No advantage)
In Case T-266/02,
Deutsche Post AG, established in Bonn (Germany), represented by J. Sedemund and T. Lübbig, lawyers,
applicant,
supported by
Federal Republic of Germany, represented by W.'D. Plessing and M. Lumma, acting as Agents,
intervener,
Commission of the European Communities, represented by V. Kreuschitz and J. Flett, acting as Agents,
defendant,
supported by
Bundesverband Internationaler Express- und Kurierdienste eV (BIEK), established in Frankfurt am Main (Germany), represented by F. Mitzkus, T. Wambach and R. Wojtek, lawyers,
and
UPS Europe NV/SA, established in Brussels (Belgium), represented initially by T. Ottervanger and A. Bijleveld, and subsequently by T. Ottervanger, lawyers,
interveners,
ACTION for annulment of Commission Decision 2002/753/EC of 19 June 2002 on measures implemented by the Federal Republic of Germany for Deutsche Post AG (OJ 2002 L 247, p. 27),
composed of M. Jaeger, President, V. Tiili and J. Azizi, Judges,
Registrar: K. Andová, Administrator,
having regard to the written procedure and further to the hearing on 13 June 2007,
gives the following
German legal framework
Factual background
'Article 1
The State aid totalling EUR 572 million (DEM 1 118.7 million) which [the Federal Republic of Germany] has granted to [DPAG] is incompatible with the common market.
Article 2
1. [The Federal Republic of Germany] shall take the necessary steps to recover from [DPAG] the aid referred to in Article 1, which was granted unlawfully.
...'.
Procedure and forms of order sought
annul the contested decision;
order the Commission to pay the costs.
dismiss the application;
order the applicant to pay the costs.
dismiss the application as unfounded.
Law
1. Pleas in law supporting the claim for annulment
2. The first group of pleas in law supporting the claim for annulment, concerning the advantage enjoyed by DPAG
Arguments of the parties
Findings of the Court
Year |
1994 |
1995 |
1996 |
1997 |
1998 |
1999 |
Total 1994 -1999 |
Additional costs from selling below cost (DEM million) |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
1 118,7 |
Year |
1990 |
1991 |
1992 |
1993 |
1994 |
Total 90-94 |
1995 |
Total 90-95 |
Reserved sector |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
Parcel sector |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
Periodicals sector |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
Operating balance |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
[conf.] |
-4 331 |
[conf.] |
-4 945 |
Transfer payments made by DB-Telekom |
1 495 |
2 031 |
1 310 |
726 |
0 |
5 562 |
5 519 |
11 081 |
Repayments |
-1 651 |
-1 982 |
-2 100 |
-2 182 |
-2 190 |
-10 104 |
-1 314 |
-11 418 |
Balance after transfer payments/ repayments |
-4 552 |
-337 |
||||||
Final results (DEM million) |
-8 883 |
-5 282 |
Costs
On those grounds,
hereby:
1. Annuls Commission Decision 2002/753/EC of 19 June 2002 on measures implemented by the Federal Republic of Germany for Deutsche Post AG;
2. Orders the Commission to bear its own costs and to pay those incurred by Deutsche Post.
3. Orders the Federal Republic of Germany, the Bundesverband Internationaler Express- und Kurierdienste eV (BIEK) and UPS Europe NV/SA to bear their own costs.
Jaeger |
Tiili |
Azizi |
Delivered in open court in Luxembourg on 1 July 2008 .
E. Coulon |
M. Jaeger |
Registrar |
President |
1 Confidential information hidden