CELEX: C1999/020/54
Language: en
Date: 1999-01-23 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 23 October 1998 in Case T-25/96 (92): Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Another v. Commission of the European Communities (Taxation of costs)

C 20/30              EN                  Official Journal of the European Communities                                 23.1.1999
                                                   COURT OF FIRST INSTANCE
     ORDER OF THE COURT OF FIRST INSTANCE                           Instance of the European Communities on 3 November
                     of 23 October 1998                             1998 by UPS Europe NV/SA, represented by T. R.
                                                                    Ottervanger, with an address for service in Luxembourg at
in Case T-25/96 (92): Arbeitsgemeinschaft Deutscher                 the Office of Loeff Clayes Verbeke, 5, Rue Charles
Luftfahrt-Unternehmen and Another v. Commission of the              Martel, L-2134 Luxembourg.
                  European Communities (1)
                     (Taxation of costs)
                                                                    The applicant claims that the Court should:
                        (1999/C 20/54)
               (Language of the case: German)
                                                                    Ð annul the decision of the Commission not to start
                                                                        proceedings under Article 93(2) of the EC Treaty
In Case T-25/96 (92): (1) Arbeitsgemeinschaft Deutscher                 against the Federal Republic of Germany with regard
Luftfahrt-Unternehmen, established in Bonn, composed of                 to the state aid issues raised in the complaint of the
the following members: Aero Lloyd Flugreisen GmbH &                     applicant.
Co. Luftverkehrs-KG, established at Oberursel (Germany),
Air Berlin GmbH & Co. Luftverkehrs KG, established in
Berlin, Condor Flugdienst GmbH, established at
Kelsterbach (Germany), Germania Fluggesellschaft mbH,               Ð order the Commission to pay the costs incurred by the
established in Berlin, Hapag-Lloyd Fluggesellschaft mbH,                applicant in the present proceedings.
established at Langenhagen (Germany) and LTU
Lufttransport Unternehmen GmbH & Co. KG, established
in Düsseldorf, and (2) Hapag-Lloyd Fluggesellschaft mbH,            Pleas in law and main arguments adduced in support:
established at Langenhagen (Germany), represented by
Gerrit Schohe, Rechtsanwalt, Hamburg, with an address
for service in Luxembourg at the Chambers of Marc                   On 7 July 1994, the applicant, part of the United Parcel
Baden, 34 b Rue Philippe II, v. Commission of the                   Service' (UPS) group of companies, which is active
European Communities (agent: Paul Nemitz) Ð                         worldwide in the business of parcel delivery, lodged a
application for taxation of costs pursuant to the order             complaint with the Commission asking it to initiate
made by the Court of First Instance on 14 March 1997 in             proceedings to establish among other things that abusive
Case T-25/96 Arbeitsgemeinschaft Deutscher Luftfahrt-Un-            market behaviour by, and cross-subsidisation with respect
ternehmen and Hapag-Lloyd v. Commission [1997] ECR                  to, Deutsche Bundespost Postdienst, now Deutsche Post
II-363 Ð the Court of First Instance (Fifth Chamber,                AG, are contrary to the EC Treaty, in particular
Extended Composition), composed of: J. D. Cooke,                    Articles 86, 90, 92 and 93 thereof.
President, and R. García-Valdecasas, P. Lindh, J. Pirrung
and M. Vilaras, Judges; H. Jung, Registrar, made an order
on 23 October 1998, the operative part of which is as               On 19 December 1997, the Commission sent a letter
follows:                                                            stating that it would start proceedings under Article 93(2)
                                                                    of the Treaty at the beginning of next year'. On 10 August
The total amount of the costs to be reimbursed by the               1998, the applicant sent a letter requesting the
Commission to the applicants is fixed in the sum of                 Commission take a position on its complaint against the
DEM 30 000, together with any VAT payable on that                   Federal Republic of Germany under Article 92. On
sum.                                                                2 October 1998, the Commission wrote in response to this
                                                                    request that it would examine' the position and the
(1) OJ C 145, 18.5.1996.                                            behaviour of Deutsche Post AG under Article 86 of the
                                                                    Treaty and would not start Ð at least for the time being
                                                                    Ð a procedure under Article 93 (the contested decision).
                                                                    In support of its application, the applicant puts forward
Action brought on 3 November 1998 by UPS Europe                     four pleas:
NV/SA against the Commission of the European
                         Communities
                       (Case T-182/98)                              1. The Commission has infringed Article 93(2) of the EC
                                                                        Treaty by not initiating a procedure under this article
                        (1999/C 20/55)                                  against the Federal Republic of Germany. In its letter
                                                                        of 19 December 1997, the Commission indicated that
               (Language of the case: English)                          it would start proceedings at the beginning of 1998. In
                                                                        the applicant's view, this statement implies that at that
An action against the Commission of the European                        point in time the Commission had reached the
Communities was brought before the Court of First                       conclusion that it experienced serious difficulties in