Joined Cases C-341/06 P and C-342/06 P: Judgment of the Court (Grand Chamber) of 1 July 2008 — Chronopost SA (C-341/06 P), La Poste (C-342/06 P) v Union française de l'express (UFEX), DHL Express (France) SAS, Federal express international (France) SNC, CRIE SA, Commission of the European Communities, French Republic (Appeal — Proper conduct of the proceedings before the Court of First Instance — Judgment of the Court of First Instance — Quashed — Referral back to the Court of First Instance — Second judgment of the Court of First Instance — Composition of the Chamber hearing the case — State aid — Postal sector — Public undertaking entrusted with a service of general economic interest — Logistical and commercial assistance to a subsidiary — Subsidiary not operating in a reserved sector — Transfer of the express delivery business to that subsidiary — Concept of State aid — Commission decision — Assistance and transfer not constituting State aid — Statement of reasons)
Date: 2008-07-01
Institutions: Court of Justice
Subjects: European Commission, France, State aid, appeal, postal service, subsidiary

15.8.2008

EN

Official Journal of the European Union

C 209/7

issued by another Member State beyond any period in which the
person concerned is forbidden to apply for a new licence and, therefore,
to recognise the validity of that licence, so long as the licence-holder
has not satisfied the necessary conditions in that first Member State
for the issue of a new licence following the withdrawal of a previous
licence, including the examination of fitness to drive certifying that the
grounds justifying the withdrawal are no longer in existence.

In the same circumstances, it is not contrary to those provisions for a
Member State to refuse to recognise in its territory the right to drive
stemming from a driving licence subsequently issued by another
Member State, if it is established, on the basis of entries appearing in
the driving licence itself or of other incontestable information supplied
by the Member State of issue, that when that licence was issued its
holder, who had been the object, in the territory of the first Member
State, of a measure withdrawing an earlier licence, was not normally
resident in the territory of the Member State of issue.

(1) OJ C 261, 28.10.2006.

Other parties
to the proceedings: Union française de l'express
(UFEX), DHL Express (France) SAS, Federal express international
(France) SNC, CRIE SA (represented by E. Morgan de Rivery and
J. Derenne, avocats), Commission of the European Communities
(represented by C. Giolito, Agent), French Republic (represented
by G. de Bergues and F. Million, Agents)

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber, Extended Composition) of 7 June 2006 in Case
T-613/97 Ufex and Others v Commission, by which the latter
annulled Commission Decision 98/365/EC of 1 October 1997
concerning alleged State aid granted by France to SFMI-Chrono-
post, in that it finds that neither the logistical and commercial
assistance provided by La Poste to its subsidiary, SFMI-Chrono-
post, nor the transfer of Postadex constitute State aid to SFMI-
Chronopost — Infringement of the right to a fair hearing due
to lack of impartiality of the Court (Chamber partially identical
to that which adopted a previous judgment, quashed by the
Court) — Misuse of powers and infringement of Articles 230 EC
and 253 EC — Failure to apply the concept of State aid and,
therefore, infringement of Article 87 EC

Judgment of the Court (Grand Chamber) of 1 July 2008 —
Chronopost SA (C-341/06 P), La Poste (C-342/06 P) v
Union française de l'express (UFEX), DHL Express (France)
SAS, Federal express international (France) SNC, CRIE SA,
French
Commission of

the European Communities,

Republic

Operative part of the judgment

(Joined Cases C-341/06 P and C-342/06 P) (1)

The Court:

(Appeal — Proper conduct of the proceedings before the Court
of First Instance — Judgment of the Court of First Instance
— Quashed — Referral back to the Court of First Instance —
Second judgment of the Court of First Instance — Composi-
tion of the Chamber hearing the case — State aid — Postal
sector — Public undertaking entrusted with a service of
general economic interest — Logistical and commercial assis-
tance to a subsidiary — Subsidiary not operating in a reserved
sector — Transfer of the express delivery business to that
subsidiary — Concept of ‘State aid’ — Commission decision
— Assistance and transfer not constituting State aid —
Statement of reasons)

(2008/C 209/09)

Language of the case: French

1) Sets aside the judgment of

Instance of

the Court of First

the
European Communities of 7 June 2006 in Case T-613/97 Ufex
and Others v Commission in so far as it (i) annuls Commission
Decision 98/365/EC of 1 October 1997 concerning alleged State
aid granted by France to SFMI-Chronopost inasmuch as that deci-
sion finds that neither the logistical and commercial assistance
provided by La Poste to its subsidiary, SFMI-Chronopost, nor the
transfer of Postadex constitute State aid to SFMI-Chronopost and
(ii) allocates the burden of costs accordingly;

2) Dismisses the action brought before the Court of First Instance of

the European Communities in Case T-613/97;

3) Orders each of the parties and the French Republic to bear their

own costs.

Parties

(1) OJ C 249, 14.10.2006.

Appellants: Chronopost SA (represented by: D. Berlin, avocat)
(C-341/06 P), La Poste (represented by H. Lehman, avocat)
(C-342/06 P)