CELEX: 62017TA0834
Language: en
Date: 2022-02-23 00:00:00
Title: Case T-834/17: Judgment of the General Court of 23 February 2022 — United Parcel Service v Commission (Non-contractual liability — Competition — Markets for international express small package delivery services in the EEA — Concentration — Decision declaring the concentration incompatible with the internal market — Annulment of the decision by a judgment of the Court — Rights of the defence — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link)

25.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/24
            
         
      Judgment of the General Court of 23 February 2022 — United Parcel Service v Commission
      (Case T-834/17) (1)
      
      (Non-contractual liability - Competition - Markets for international express small package delivery services in the EEA - Concentration - Decision declaring the concentration incompatible with the internal market - Annulment of the decision by a judgment of the Court - Rights of the defence - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link)
      (2022/C 171/29)
      Language of the case: English
      
         Parties
      
      
         Applicant: United Parcel Service, Inc. (Atlanta, Georgia, United States) (represented by: A. Ryan, Solicitor, F. Hoseinian, W. Knibbeler, A. Pliego Selie and F. Roscam Abbing, lawyers)
      
         Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)
      
         Re:
      
      Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicant as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders the European Commission to bear its own costs and to pay one third of the costs incurred by United Parcel Service, Inc.;
               
            
                  3.
               
               
                  Orders United Parcel Service to bear two thirds of its own costs.
               
            
         (1)  OJ C 72, 26.2.2018.