Case T-388/11: Judgment of the General Court of 10 April 2019 — Deutsche Post v Commission (State aid — Postal services — Funding of additional salary and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by remuneration for price-regulated services — Decision to extend the formal investigation procedure — Decision finding that there was new aid at the end of the preliminary investigation phase — Action for annulment — Challengeable act — Interest in bringing proceedings — Admissibility — Consequences of the annulment of the final decision — Obligation to state reasons)
Date: 2019-04-10
Institutions: General Court
Subjects: Germany, State aid, aid to undertakings, control of State aid, pay, pension scheme, postal service, price regulations, social cost, staff








C_2019187EN.01005701.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/57






Judgment of the General Court of 10 April 2019 — Deutsche Post v Commission
(Case T-388/11) (1)

(State aid - Postal services - Funding of additional salary and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by remuneration for price-regulated services - Decision to extend the formal investigation procedure - Decision finding that there was new aid at the end of the preliminary investigation phase - Action for annulment - Challengeable act - Interest in bringing proceedings - Admissibility - Consequences of the annulment of the final decision - Obligation to state reasons)
(2019/C 187/60)
Language of the case: German

Parties


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

Defendant: European Commission (represented by: D. Grespan, T. Maxian Rusche and R. Sauer, acting as Agents)

Interveners in support of the defendant: UPS Europe SPRL/BVBA, formerly UPS Europe NV/SA (Brussels, Belgium); and United Parcel Service Deutschland Sàrl & Co. OHG, formerly UPS Deutschland Inc. & Co. OHG (Neuss, Germany) (represented initially by T. Ottervanger and E. Henny, and subsequently by T. Ottervanger and R. Wojtek, lawyers)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Decision C(2011) 3081 final of 10 May 2011 extending the formal investigation procedure laid down in Article 108(2) TFEU on State aid C 36/07 (ex NN 25/07) granted by the Federal Republic of Germany in favour of Deutsche Post, a summary of which has been published in the Official Journal of the European Union (OJ 2011 C 263, p. 4).

Operative part of the judgment

The Court:






1)



Dismisses the plea of inadmissibility;











2)



Annuls Commission Decision C(2011) 3081 final of 10 May 2011 extending the formal investigation procedure laid down in Article 108(2) TFEU on State aid C 36/07 (ex NN 25/07) granted by the Federal Republic of Germany in favour of Deutsche Post;











3)



Orders the Commission to bear its own costs and those incurred by Deutsche Post AG;











4)



Orders UPS Europe SPRL/BVBA and United Parcel Service Deutschland Sàrl & Co. OHG each to bear their own costs.







(1)  OJ C 282, 24.9.2011.