Judgment of the General Court of 23 February 2022 – United Parcel Service v Commission
(Case T-834/17) 1
(Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – Rights of the defence – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link)
Language of the case: English
Parties
Applicant: United Parcel Service, Inc. (Atlanta, Georgia, United States) (represented by: A. Ryan, Solicitor, F. Hoseinian, W. Knibbeler, A. Pliego Selie and F. Roscam Abbing, lawyers)
Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)
Re:
Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicant as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 – UPS/TNT Express).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the European Commission to bear its own costs and to pay one third of the costs incurred by United Parcel Service, Inc.;
Orders United Parcel Service to bear two thirds of its own costs.
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1 OJ C 72, 26.2.2018.