CELEX: C2006/190/25
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-613/97: Judgment of the Court of First Instance of 7 June 2006 — UFEX and Others v Commission (State aid — Postal sector — Public undertaking entrusted with a service of general economic interest — Logistical and commercial assistance provided to a subsidiary not operating in a reserved sector — Appeal — Referral of a case back to the Court of First Instance)

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/15
            
         Judgment of the Court of First Instance of 7 June 2006 — UFEX and Others v Commission
   (Case T-613/97) (1)
   
   (State aid - Postal sector - Public undertaking entrusted with a service of general economic interest - Logistical and commercial assistance provided to a subsidiary not operating in a reserved sector - Appeal - Referral of a case back to the Court of First Instance)
   (2006/C 190/25)
   Language of the case: French
   Parties
   
      Applicants: Union française de l'express (UFEX) (Roissy-en-France, France), DHL International SA (Roissy-en-France), Federal express international (France) SNC (Gennevilliers, France) and CRIE SA (Asnières, France) (represented by É. Morgan de Rivery and J. Derenne, lawyers)
   
      Defendant: Commission of the European Communities (represented by G. Rozet and D. Triantafyllou, Agents)
   
      Interveners in support of the defendant: French Republic (represented by G. de Bergues, R. Abraham and F. Million, Agents), Chronopost SA (Issy-les-Moulineaux, France) (represented by V. Bouaziz Torron and D. Berlin, lawyers) and La Poste (Paris, France) (represented by H. Lehman, lawyer)
   Re:
   Application for annulment of Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost (OJ 1998 L 164, p. 37)
   Operative part of the order
   
               1.
            
            
               Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost is annulled in so far as that decision finds that neither the logistical and commercial assistance provided by La Poste to its subsidiary, SFMI-Chronopost, nor the transfer of Postadex constitute State aid to SFMI-Chronopost;
            
         
               2.
            
            
               The Commission shall bear its own costs and 75 % of the applicants' costs, apart from those caused by the interventions, before the Court of First Instance and the Court of Justice;
            
         
               3.
            
            
               The applicants shall bear the remainder of their own costs before the Court of First Instance and the Court of Justice;
            
         
               4.
            
            
               The French Republic, Chronopost SA and La Poste shall bear their own costs before the Court of First Instance and the Court of Justice.
            
         
      (1)  OJ C 72, 7.3.1998