# C_2006190EN.01001501.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/15 |
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12.8.2006

EN

Official Journal of the European Union

C 190/15

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Judgment of the Court of First Instance of 7 June 2006 — UFEX and Others v Commission

(Case T-613/97) (1)

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(State aid - Postal sector - Public undertaking entrusted with a service of general economic interest - Logistical and commercial assistance provided to a subsidiary not operating in a reserved sector - Appeal - Referral of a case back to the Court of First Instance)

(2006/C 190/25)

Language of the case: French

Parties

Applicants: Union française de l'express (UFEX) (Roissy-en-France, France), DHL International SA (Roissy-en-France), Federal express international (France) SNC (Gennevilliers, France) and CRIE SA (Asnières, France) (represented by É. Morgan de Rivery and J. Derenne, lawyers)

Applicants:

Defendant: Commission of the European Communities (represented by G. Rozet and D. Triantafyllou, Agents)

Defendant:

Interveners in support of the defendant: French Republic (represented by G. de Bergues, R. Abraham and F. Million, Agents), Chronopost SA (Issy-les-Moulineaux, France) (represented by V. Bouaziz Torron and D. Berlin, lawyers) and La Poste (Paris, France) (represented by H. Lehman, lawyer)

Interveners in support of the defendant:

Re:

Application for annulment of Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost (OJ 1998 L 164, p. 37)

Operative part of the order

| 1. | Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost is annulled in so far as that decision finds that neither the logistical and commercial assistance provided by La Poste to its subsidiary, SFMI-Chronopost, nor the transfer of Postadex constitute State aid to SFMI-Chronopost; |
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1.

Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost is annulled in so far as that decision finds that neither the logistical and commercial assistance provided by La Poste to its subsidiary, SFMI-Chronopost, nor the transfer of Postadex constitute State aid to SFMI-Chronopost;

| 2. | The Commission shall bear its own costs and 75 % of the applicants' costs, apart from those caused by the interventions, before the Court of First Instance and the Court of Justice; |
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2.

The Commission shall bear its own costs and 75 % of the applicants' costs, apart from those caused by the interventions, before the Court of First Instance and the Court of Justice;

| 3. | The applicants shall bear the remainder of their own costs before the Court of First Instance and the Court of Justice; |
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3.

The applicants shall bear the remainder of their own costs before the Court of First Instance and the Court of Justice;

| 4. | The French Republic, Chronopost SA and La Poste shall bear their own costs before the Court of First Instance and the Court of Justice. |
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4.

The French Republic, Chronopost SA and La Poste shall bear their own costs before the Court of First Instance and the Court of Justice.

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(1)  OJ C 72, 7.3.1998

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