# C_2010288EN.01001001.xml

| 23.10.2010 | EN | Official Journal of the European Union | C 288/10 |
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23.10.2010

EN

Official Journal of the European Union

C 288/10

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Judgment of the Court (First Chamber) of 2 September 2010 — European Commission v Deutsche Post AG, Bundesverband Internationaler Express- und Kurierdienste eV, UPS Europe SA, Federal Republic of Germany

(Case C-399/08 P) (1)

(Appeal - Article 87 EC - Aid granted by the Member States - Measures implemented by the Federal Republic of Germany for Deutsche Post AG - Article 86 EC - Services of general economic interest - Compensation for additional costs generated by a policy of selling below cost in the door-to-door parcel delivery sector - Existence of an economic advantage - Method used by the Commission to check - Burden of proof - Article 230 EC - Scope of the General Court’s powers of judicial review)

(2010/C 288/15)

Language of the case: German

Parties

Appellant: European Commission (represented by: V. Kreuschitz, J. Flett and B. Martenczuk, acting as Agents)

Other parties to the proceedings: Deutsche Post AG (represented by: J. Sedemund, Rechtsanwalt), Bundesverband Internationaler Express- und Kurierdienste eV (represented by: R. Wojtek, Rechtsanwalt), UPS Europe SA (represented by: E. Henny, advocaat), Federal Republic of Germany (represented by: M. Lumma and B. Klein, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber, Extended Composition) of 1 July 2008 in Case T-266/02 Deutsche Post v Commission annulling 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) declaring the aid incompatible with the common market and ordering its recovery — Compensation of additional costs generated by a below-cost selling policy in the door-to-door parcel delivery sector — Infringement of Articles 86(2) EC and 87(1) EC, Article 230 EC and Article 36 of the Statute of the Court of Justice — Annulment without finding any specific error in the Commission’s reasoning supporting the contested decision — Failure to state reasons as regards the alleged unlawfulness of the method used by the Commission to ascertain the existence of unlawful aid

Operative part of the judgment

The Court:

| 1. | Dismisses the main appeal and the cross-appeals; |
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1.

Dismisses the main appeal and the cross-appeals;

| 2. | Orders the European Commission to bear its own costs and to pay those incurred by Deutsche Post AG in connection with the main appeal; |
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2.

Orders the European Commission to bear its own costs and to pay those incurred by Deutsche Post AG in connection with the main appeal;

| 3. | Orders Bundesverband Internationaler Express- und Kurierdienste eV and UPS Europe SA to bear their own costs relating to the main appeal; |
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3.

Orders Bundesverband Internationaler Express- und Kurierdienste eV and UPS Europe SA to bear their own costs relating to the main appeal;

| 4. | Orders Deutsche Post AG, Bundesverband Internationaler Express- und Kurierdienste eV and UPS Europe SA to bear their own costs relating to the cross-appeals; |
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4.

Orders Deutsche Post AG, Bundesverband Internationaler Express- und Kurierdienste eV and UPS Europe SA to bear their own costs relating to the cross-appeals;

| 5. | Orders the Federal Republic of Germany to bear its own costs. |
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5.

Orders the Federal Republic of Germany to bear its own costs.

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(1)  OJ C 301, 22.11.2008.

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