Judgment of the Court (Second Chamber) of 24 October 2013 — Deutsche Post v Commission

(Case C‑77/12 P)

‛Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures’

1. Actions for annulment — Actionable measures — Acts intended to have legal effects — Meaning — Decision to open the formal investigation procedure laid down in Article 88(2) EC — Included (Arts 88(2) EC and 230, fourth para., EC) (see paras 51-55)

2. Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged — Annulment, in the course of proceedings, of a decision giving rise to the challengeable nature of the contested decision — No impact on the assessment of the admissibility of the action (Art. 230 EC) (see paras 65-67)

3. Appeals — Appeal held to be well founded — Judgment to be given on the substance by the appeal court — Condition — Whether the state of the proceedings permits final judgment to be given (Statute of the Court of Justice, Art. 61, first para) (see para. 68)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 December 2011 in Case T‑421/07 Deutsche Post v Commission, in which the General Court dismissed as inadmissible the applicant’s action seeking the annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC in respect of State aid granted by the Federal Republic of Germany to Deutsche Post AG (aid C 36/07 (ex NN 25/07)) — Infringement of the fourth paragraph of Article 263 TFEU and the right to an effective legal remedy — Misinterpretation of the right to sound administration as well as the principles of legitimate expectations and legal certainty — Inadequate statement of reasons in the General Court’s judgment.

Operative part

The Court:

1. Sets aside the judgment of the General Court of the European Union of 8 December 2011 in Case T‑421/07 Deutsche Post v Commission;

2. Refers the case back to the General Court of the European Union;

3. Reserves the costs.

Judgment of the Court (Second Chamber) of 24 October 2013 — Deutsche Post v Commission

(Case C‑77/12 P)

‛Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures’

1. Actions for annulment — Actionable measures — Acts intended to have legal effects — Meaning — Decision to open the formal investigation procedure laid down in Article 88(2) EC — Included (Arts 88(2) EC and 230, fourth para., EC) (see paras 51-55)

2. Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged — Annulment, in the course of proceedings, of a decision giving rise to the challengeable nature of the contested decision — No impact on the assessment of the admissibility of the action (Art. 230 EC) (see paras 65-67)

3. Appeals — Appeal held to be well founded — Judgment to be given on the substance by the appeal court — Condition — Whether the state of the proceedings permits final judgment to be given (Statute of the Court of Justice, Art. 61, first para) (see para. 68)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 December 2011 in Case T‑421/07 Deutsche Post v Commission, in which the General Court dismissed as inadmissible the applicant’s action seeking the annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC in respect of State aid granted by the Federal Republic of Germany to Deutsche Post AG (aid C 36/07 (ex NN 25/07)) — Infringement of the fourth paragraph of Article 263 TFEU and the right to an effective legal remedy — Misinterpretation of the right to sound administration as well as the principles of legitimate expectations and legal certainty — Inadequate statement of reasons in the General Court’s judgment.

Operative part

The Court:

1. Sets aside the judgment of the General Court of the European Union of 8 December 2011 in Case T‑421/07 Deutsche Post v Commission;

2. Refers the case back to the General Court of the European Union;