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15.8.2008 |
EN |
Official Journal of the European Union |
C 209/39 |
Judgment of the Court of First Instance of 1 July 2008 — Deutsche Post v Commission
(Case T-266/02) (1)
(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)
(2008/C 209/66)
Language of the case: German
Parties
Applicant: Deutsche Post AG (Bonn, Germany) (represented by: J. Sedemund and T. Lübbig, lawyers)
Defendant: Commission of the European Communities (represented by: V. Kreuschitz and J. Flett, Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: W.-D. Plessing and M. Lumma, Agents)
Intervener in support of the defendant: Bundesverband Internationaler Express- und Kurierdienste eV (BIEK) (Frankfurt am Main, Germany) (represented by: F. Mitzkus, T. Wambach and R. Wojtek, lawyers); and UPS Europe NV/SA (Brussels, Belgium) (represented by: initially by T. Ottervanger and A. Bijleveld, and subsequently by T. Ottervanger, lawyers)
Re:
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).
Operative part of the judgment
The Court:
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1. |
Annuls Commission Decision 2002/753/EC of 19 June 2002 on measures implemented by the Federal Republic of Germany for Deutsche Post AG; |
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2. |
Orders the Commission to bear its own costs and to pay those incurred by Deutsche Post; |
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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. |