Case T-570/08: Action brought on 22 December 2008 — Deutsche Post v Commission
Date: 2008-12-22
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), disclosure of information, fixing of prices, infringement of EU law, postal service

7.3.2009

EN

Official Journal of the European Union

C 55/41

Decision of the Cancellation Division: Partly upheld the request for
a declaration of invalidity

In the first, second and third pleas, the applicant submits that
the decision should be annulled on the grounds of an infringe-
ment of essential rules as to form and procedure, in that

the Board of Appeal: Allowed the appeal

Decision of
in case
R 946/2007-2; Annulled the contested decision rejecting the
cancellation
case
R 1151/2007-2.

request; Dismissed

appeal

the

in

Pleas in law: Infringement of Articles 52(3), 8(1)(b) of Council
Regulation 40/94, as well as of general principles of trade mark
law as the Board of Appeal wrongly ruled that the applicant
gave its consent to the registration of the Community trade
mark subject of the application for a declaration of invalidity
and, as a result, failed to examine whether a likelihood of confu-
sion between the trade marks concerned exists.

Action brought on 22 December 2008 — Deutsche Post v
Commission

(Case T-570/08)

(2009/C 55/73)

Language of the case: German

Parties

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

Defendant: Commission of the European Communities

— the requirements as to the valid setting of a time-limit and
as to a ‘reminder, allowing an appropriate additional period’
in accordance with Articles 5(2) and 10(3) of Regulation
No 659/1999 were not satisfied;

— the information injunction exhibits serious failings in regard
infringes

to the obligation to state reasons and thus
Article 253 EC;

— the Commission failed,

contrary to Articles 287 EC
and 10 EC, to give the Federal Government and the appli-
cant an opportunity to submit comments on the protection
of the applicant's business secrets.

By its fourth plea in law, the applicant claims that the contested
decision should, moreover, be annulled on the grounds of an
infringement of substantive Community law, because the use of
the requested data concerning costs and revenues in respect of
the period from 1 January 1995 to 31 December 2007 for the
purposes of examining the ‘financial compensation’ conflicts
with the 2005 Community Framework and with the division of
powers between Member States and the Commission; infringes
Articles 86(2) EC and 87(1) EC in conjunction with the princi-
ples of proportionality, legal certainty and the Community-law
prohibition of discrimination; and, finally,
is manifestly inap-
propriate for
in terms of State-aid law of
the assessment
pension and liability provisions.

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article [88 EC] (OJ 1999
L 83, p. 1).

Form of order sought

Action brought on 22 December 2008 — Germany v
Commission

— Annul the decision of the Commission of the European
Communities of 30 October 2008 concerning the informa-
tion injunction in the proceedings ‘State aid C-36/2007 —
State aid to Deutsche Post AG’;

— order the defendant to pay the costs.

Pleas in law and main arguments

in State

The action is directed against the decision of the Commission of
the European Communities (C (2008) 6468) of 30 October
2008 by which,
aid procedure C 36/2007
(ex NN 25/2007), the Commission required Germany, pursuant
to Article 10(3) of Regulation (EC) No 659/1999 (1), to send all
the documents, information and data required in order to assess
the costs and revenues of Deutsche Post in the period from
1989 to 2007.

(Case T-571/08)

(2009/C 55/74)

Language of the case: German

Parties

Applicant:
M. Lumma and B. Klein)

Federal Republic of Germany (represented by:

The applicant raises four pleas in law.

Defendant: Commission of the European Communities