Judgment — ECLI:EU:C:2015:302
Date: 2015-05-06
Language of the case: German
Court formation: Second Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Judgment of the Court (Second Chamber) of 6 May 2015 — Commission v Germany (Case C‑674/13) 1(1) Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Parcel service market — Commission decision — Obligation to recover the aid in full and to amend the scheme for the future — Measures to be taken — Article 108(2)TFEU — Regulation (EC) No 659/1999 — Article 14(3) 1. State aid — Recovery of unlawful aid — Obligation — Duty to implement the decision of the Commission immediately and effectively — Non-implementation — Failure to fulfil obligations (Arts 108(2) TFEU and 288 TFEU; Council Regulations No 659/1999, Recital 13 and Art. 14(3)) (see paras 37-39, 61, operative part) 2. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Whether possible for the Commission to leave to the national authorities the task of calculating the precise amount to be recovered (Art. 108 TFEU; Council Regulation No 659/1999, Art. 14) (see para. 40) 3. Member States — Obligations — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 59) Operative part The Court: 1. Declares that, by refusing autonomously to delimit the market at issue in the context of Commission Decision 2012/636/EU of 25 January 2012 concerning measure C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG, in order to ascertain whether the parcel delivery service from one undertaking to another constituted, between 2003 and 2012, on the one hand, and with effect from 2012, on the other, a separate market in the goods at issue, the Federal Republic of Germany has failed to fulfil its obligations under Articles 108(2) TFEU and 14(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU], and Articles 1 and 4 to 6 of that decision; 2. Orders the Federal Republic of Germany to pay the costs. 1 OJ C 45, 15.2.2014.