Case T-266/02: Judgment of the Court of First Instance of 1 July 2008 — Deutsche Post v Commission (State aid — Measures implemented by the German authorities for Deutsche Post AG — Decision declaring the aid incompatible with the common market and ordering its recovery — Service of general economic interest — Compensation for additional costs generated by a policy of selling below cost in the door-to-door parcel delivery sector — No advantage)
Date: 2008-07-01
Institutions: Court of First Instance
Subjects: Germany, State aid, action for annulment (EU), financial loss, postal service, reduced price, restriction on competition, services of general interest

15.8.2008

EN

Official Journal of the European Union

C 209/39

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 9 July 2008 —
Alitalia v Commission

Judgment of the Court of First Instance of 1 July 2008 —
Deutsche Post v Commission

(Case T-301/01) (1)

(Case T-266/02) (1)

(State aid — Recapitalisation of Alitalia by the Italian autho-
rities — Decision declaring the aid compatible with the
common market — Decision taken following a judgment of
the Court of First Instance annulling an earlier decision —
Admissibility — Infringement of Article 233 EC — Infringe-
ment of Articles 87 EC and 88 EC — Conditions for author-
ising the aid — Obligation to state the reasons on which the
decision is based)

(2008/C 209/65)

Language of the case: Italian

(State aid — Measures implemented by the German authori-
ties for Deutsche Post AG — Decision declaring the aid
incompatible with the common market and ordering its
recovery — Service of general economic interest — Compensa-
tion for additional costs generated by a policy of selling below
in the door-to-door parcel delivery sector — No
cost

advantage)

(2008/C 209/66)

Language of the case: German

Parties

Parties

Applicant: Deutsche Post AG (Bonn, Germany) (represented by: J.
Sedemund and T. Lübbig, lawyers)

Applicant: Alitalia — Linee Aeree Italiane Spa (Rome,
Italy)
(represented by: M. Siragusa, G. M. Roberti, G. Scassellati Sforzo-
lini, F. Moretti and F. Sciaudone, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and J. Flett, Agents)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, acting as Agent, and A. Abate and
G. Conte, lawyers)

Re:

Intervener in support of the applicant: Federal Republic of Germany
(represented by: W.-D. Plessing and M. Lumma, Agents)

Intervener in support of the defendant: Bundesverband Internatio-
naler Express- und Kurierdienste eV (BIEK) (Frankfurt am Main,
(represented by: F. Mitzkus, T. Wambach and R.
Germany)
Wojtek,
lawyers); and UPS Europe NV/SA (Brussels, Belgium)
(represented by: initially by T. Ottervanger and A. Bijleveld, and
subsequently by T. Ottervanger, lawyers)

Application for
annulment of Commission Decision
2001/723/EC of 18 July 2001 concerning the recapitalisation
of the company Alitalia (OJ 2001 L 271, p. 28).

the

Re:

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alitalia — Linee aeree italiane Spa to pay the costs.

(1) OJ C 44, 16.2.2002.

Action for annulment of 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).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2002/753/EC of 19 June 2002 on
measures implemented by the Federal Republic of Germany for
Deutsche Post AG;

2. Orders the Commission to bear its own costs and to pay those

incurred by Deutsche Post;

C 209/40

EN

Official Journal of the European Union

15.8.2008

3. Orders the Federal Republic of Germany, the Bundesverband Inter-
nationaler Express- und Kurierdienste eV (BIEK) and UPS Europe
NV/SA to bear their own costs.

Judgment of the Court of First Instance of 8 July 2008 —
Knauf Gips v Commission

(1) OJ C 274, 9.11.2002.

(Case T-52/03) (1)

(Competition — Cartels — Plasterboard market — Decision
finding an infringement of Article 81 EC — Access to the file
— Single and continuous infringement — Liability — Fine —
Guidelines on the method of setting fines — Cooperation
during the administrative procedure)

Judgment of the Court of First Instance of 8 July 2008 —
Saint-Gobain Gyproc Belgium v Commission

(Case T-50/03) (1)

(2008/C 209/68)

Language of the case: German

(Competition — Cartels — Plasterboard market — Decision
finding an infringement of Article 81 EC — Fine — Gravity
infringement — Attenuating
and

duration

of

the
circumstances)

(2008/C 209/67)

Language of the case: French

Parties

Applicant: Saint-Gobain Gyproc Belgium NV, previously BPB
Belgium NV, previously Gyproc Benelux NV (Beveren-Kallo,
Belgium) (represented by: J.-F. Bellis, P. L'Ecluse and M. Favart,
lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by F. Castillo de la Torre and C. Ingen-Housz and
subsequently by F. Castillo de la Torre and F. Arbault, acting as
Agents)

Re:

fine

Action under Articles 229 EC and 230 EC for the reduction of
the
imposed on Gyproc by Commission Decision
2005/471/EC of 27 November 2002 relating to a proceeding
under Article 81 [EC] against BPB plc, Gebrüder Knauf
Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc
Benelux NV (Case No COMP/E-1/37.152 — Plasterboard)
(OJ 2005 L 166, p. 8)

Operative part of the judgment

The Court:

1. Dismisses the action;

Parties

Knauf Gips

Knauf
Applicant:
(represented
Westdeutsche Gipswerke KG (Iphofen, Germany)
initially by M. Klusmann and F. Wiemer, and subsequently by
M. Klusmann, lawyers)

formerly Gebrüder

KG,

Defendant: Commission of the European Communities (repre-
sented initially by F. Castillo de la Torre and S. Rating, and
subsequently by F. Castillo de la Torre and R. Sauer, Agents)

Re:

of

for

annulment

Commission Decision
Application
2005/471/EC of 27 November 2002 relating to a proceeding
under Article 81 [EC] against BPB plc, Gebrüder Knauf
Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc
Benelux NV (Case No COMP/E-1/37.152 — Plasterboard)
(OJ 2005 L 166, p. 8), or, in the alternative, reduction of the
fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Saint-Gobain Gyproc Belgium NV to pay the costs.

2. Orders Knauf Gips KG to pay the costs.

(1) OJ C 101, 26.4.2003.

(1) OJ C 124, 24.5.2003.