15.8.2008

Official Journal of the European Union

C 209/7

(Joined Cases C-341/06 P and C-342/06 P) (1)

(Appeal - Proper conduct of the proceedings before the Court of First Instance - Judgment of the Court of First Instance - Quashed - Referral back to the Court of First Instance - Second judgment of the Court of First Instance - Composition of the Chamber hearing the case - State aid - Postal sector - Public undertaking entrusted with a service of general economic interest - Logistical and commercial assistance to a subsidiary - Subsidiary not operating in a reserved sector - Transfer of the express delivery business to that subsidiary - Concept of ‘State aid’ - Commission decision - Assistance and transfer not constituting State aid - Statement of reasons)

(2008/C 209/09)

Language of the case: French

Parties

Appellants: Chronopost SA (represented by: D. Berlin, avocat) (C-341/06 P), La Poste (represented by H. Lehman, avocat) (C-342/06 P)

Other parties to the proceedings: Union française de l'express (UFEX), DHL Express (France) SAS, Federal express international (France) SNC, CRIE SA (represented by E. Morgan de Rivery and J. Derenne, avocats), Commission of the European Communities (represented by C. Giolito, Agent), French Republic (represented by G. de Bergues and F. Million, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber, Extended Composition) of 7 June 2006 in Case T-613/97 Ufex and Others v Commission, by which the latter annulled Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost, in that it 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 — Infringement of the right to a fair hearing due to lack of impartiality of the Court (Chamber partially identical to that which adopted a previous judgment, quashed by the Court) — Misuse of powers and infringement of Articles 230 EC and 253 EC — Failure to apply the concept of State aid and, therefore, infringement of Article 87 EC

Operative part of the judgment

The Court:

1)Sets aside the judgment of the Court of First Instance of the European Communities of 7 June 2006 in Case T-613/97 Ufex and Others v Commission in so far as it (i) annuls Commission Decision 98/365/EC of 1 October 1997 concerning alleged State aid granted by France to SFMI-Chronopost inasmuch 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 and (ii) allocates the burden of costs accordingly;

2)Dismisses the action brought before the Court of First Instance of the European Communities in Case T-613/97;

3)Orders each of the parties and the French Republic to bear their own costs.

(1) OJ C 249, 14.10.2006.