Case T-301/01: Judgment of the Court of First Instance of 9 July 2008 — Alitalia v Commission (State aid — Recapitalisation of Alitalia by the Italian authorities — 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 — Infringement of Articles 87 EC and 88 EC — Conditions for authorising the aid — Obligation to state the reasons on which the decision is based)
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), air transport, financial aid

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;