Official Journal of the European Union

C 328/17

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(Case C-463/10 P)

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2010/C 328/32

Language of the case: German

Parties

Appellant: Deutsche Post AG (represented by: J. Sedemund and T. Lübbig, Rechtsanwälte)

Other party to the proceedings: European Commission

Form of order sought

—Set aside in its entirety the order of the General Court (First Chamber) of 14 July 2010 in Case T-570/08;

—reject the plea of inadmissibility raised by the Commission before the General Court;

—annul the decision of the European Commission of 30 October 2008 concerning the ‘information injunction’ pursuant to Article 10(3) of Regulation (EC) No 659/1999 in the proceedings ‘State aid C 36/2007 — Germany; State aid to Deutsche Post AG’;

—order the Commission to pay the costs.

Pleas in law and main arguments

This appeal has been brought against the order of the General Court dismissing as inadmissible the appellant’s action against the Commission’s information injunction of 30 October 2008 addressed to the Federal Republic of Germany in proceedings concerning State aid to the appellant.

The main issue in the present appeal is whether, and under what conditions, an information injunction of the Commission pursuant to Article 10(3) of Regulation No 659/1999 may be challenged. In the appellant’s view, an action against a decision requesting information to be supplied that is available only to the appellant is admissible if it casts doubt on compliance with the procedural requirements of Article 10(3) of Regulation No 659/1999 and on the necessity of the information required.

By contrast, the General Court denied that such an action is admissible, in essence, on the basis that an information injunction has no legal consequences. It is merely an interim measure which is only preparatory to a final decision.

The appellant puts forward five grounds of appeal.

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