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Joined Cases T-282/16 and T/283/16: Judgment of the General Court of 19 March 2019 — Inpost Paczkomaty and Inpost v Commission (State aid — Postal sector — Compensation of the net costs resulting from universal service obligations — Decision declaring the aid compatible with the internal market — Action for annulment — Interest in bringing proceedings — Obligation to state reasons — Equal treatment — Proportionality — Right to property — Freedom to conduct a business)

ECLI:EU:UNKNOWN:62016TA0282

62016TA0282

March 19, 2019
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Official Journal of the European Union

C 155/37

(Joined Cases T-282/16 and T/283/16) (*)

(State aid - Postal sector - Compensation of the net costs resulting from universal service obligations - Decision declaring the aid compatible with the internal market - Action for annulment - Interest in bringing proceedings - Obligation to state reasons - Equal treatment - Proportionality - Right to property - Freedom to conduct a business)

(2019/C 155/44)

Language of the case: Polish

Parties

Applicant in Case T-282/16: Inpost Paczkomaty sp. z o.o. (Krakow, Poland) (represented by: initially, T. Proć, then D. Doktór, lawyers)

Applicant in Case T-283/16: Inpost S.A. (Krakow, Poland) (represented by: W. Knopkiewicz, lawyer)

Defendant: European Commission (represented by: K. Herrmann, K. Blanc and D. Recchia, Agents)

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna, Agent)

Re:

Applications based on Article 263 TFEU and seeking annulment of Commission Decision C(2015) 8236 final, of 26 November 2015, by which the Commission did not raise objections to the measure notified by the Polish authorities in relation to the aid granted to Poczta Polska in the form of compensation of the net cost resulting from the delivery, by that company, of its universal postal service obligations in respect of the period from and including 1 January 2013 to 31 December 2015.

Operative part of the judgment

The Court:

1.Dismisses the actions;

2.Declares that Inpost Paczkomaty sp. z o.o. and Inpost S.A. are each to bear their own costs and orders them to pay the costs incurred by the European Commission;

3.Declares that the Republic of Poland is to pay its own costs.

(*) Language of the case: Polish.

* * *

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