CELEX: C2004/284/17
Language: en
Date: 2004-11-20 00:00:00
Title: Case C-367/04 P: Appeal brought on 24 August 2004 (Fax: 20.08.04) by Deutsche Post AG and DHL Express (Italy) S.r.l. (formerly operating under the name of DHL International S.r.l) against the order made on 27 May 2004 by the Court of First Instance of the European Communities (Second Chamber, Extended Composition) in Case T-358/02 between Deutsche Post AG and DHL International S.r.l. and the Commission of the European Communities, supported by the Italian Republic and Poste Italiane SpA

20.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/8
            
         Appeal brought on 24 August 2004 (Fax: 20.08.04) by Deutsche Post AG and DHL Express (Italy) S.r.l. (formerly operating under the name of DHL International S.r.l) against the order made on 27 May 2004 by the Court of First Instance of the European Communities (Second Chamber, Extended Composition) in Case T-358/02 between Deutsche Post AG and DHL International S.r.l. and the Commission of the European Communities, supported by the Italian Republic and Poste Italiane SpA
   (Case C-367/04 P)
   (2004/C 284/17)
   An appeal against the order made on 27 May 2004 by the Court of First Instance of the European Communities (Second Chamber, Extended Composition) in Case T-358/02 between Deutsche Post AG and DHL International S.r.l. and the Commission of the European Communities, supported by the Italian Republic and Poste Italiane SpA, was brought before the Court of Justice of the European Communities on 24 August 2004 (Fax: 20.08.04) by Deutsche Post AG and DHL Express (Italy) S.r.l. (formerly operating under the name of DHL International S.r.l.), represented by Jochim Sedemund and Thomas Lübbig, lawyers at Freshfields Bruckhaus Deringer, Potsdamer Platz 1, D-10785 Berlin.
   The appellants claim that the Court should:
   
               1.
            
            
               set aside the order of the Court of First Instance of 27 May 2004 in Case T-358/02 (1), and declare the action brought by Deutsche Post AG and DHL Express (Italy) on 3 December 2002 admissible.
            
         
               2.
            
            
               order the respondent and the interveners to pay the costs.
            
         Pleas and main arguments:
   The appeal concerns the order of the Court of First Instance of 27 May 2004 in Case T-358/02 (DPAG and Others v Commission). By this order, the Court of First Instance dismissed the action brought on 3 December 2002 by Deutsche Post AG and DHL Express (Italy) S.r.l. as inadmissible. In the Court's view the applicants were unable to show that the conditions for locus standi were fulfilled. Conversely, the applicants assert on appeal that the Commission's decision is of direct and individual concern to them and that they therefore have standing for the purposes of the fourth paragraph of Article 230 EC. Since the applicants also possess the necessary legal interest, the above mentioned order of the Court of First Instance of 27 May 2004 should, in the applicants' submission, be set aside and the action brought by Deutsche Post AG and DHL Express (Italy) on 3 December 2002 be declared admissible.
   
      (1)  OJ C 228 of 11.9.2004.