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Joined Cases C-463/10 P and C-475/10 P: Judgment of the Court (Third Chamber) of 13 October 2011 — Deutsche Post AG, Federal Republic of Germany v European Commission (Appeals — State aid — Regulation (EC) No 659/1999 — Article 10(3) — Decision requiring the production of information — Act open to challenge for the purposes of Article 263 TFEU)
ECLI:EU:UNKNOWN:62010CA0463
62010CA0463
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Official Journal of the European Union
C 355/7
(Joined Cases C-463/10 P and C-475/10 P) (<span class="super">1</span>)
(Appeals - State aid - Regulation (EC) No 659/1999 - Article 10(3) - Decision requiring the production of information - Act open to challenge for the purposes of Article 263 TFEU)
2011/C 355/10
Language of the case: German
Parties
Appellant: Deutsche Post AG (represented by: J. Sedemund and T. Lübbig, Rechtsanwälte), Federal Republic of Germany (represented by T. Henze, J. Möller and N. Graf Vitzthum, Agents)
Other party to the proceedings: European Commission (represented by: B. Martenczuk and T. Maxian Rusche, Agents)
Re:
Appeal against the order of the General Court (First Chamber) of 14 July 2010 in Case T-570/08 Deutsche Post v Commission by which the General Court upheld a plea of inadmissibility put forward by the Commission and accordingly dismissed as inadmissible the action for annulment of the decision contained in the Commission’s letter of 30 October 2008 requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG — Misinterpretation of ‘challengeable act’ for the purposes of Article 230 EC — Failure to have regard to the nature and legal consequences of the contested act — Infringement of the principle of effective judicial protection
Operative part of the judgment
The Court:
1.Annuls the orders of the General Court of the European Union of 14 July 2010, Deutsche Post v Commission (T-570/08), and Germany v Commission (T-571/08).
2.Dismisses the objections of inadmissibility raised by the European Commission before the General Court of the European Union.
3.Refers the cases back to the General Court of the European Union for a decision on the pleas of Deutsche Post AG (T-570/08) and the Federal Republic of Germany (T-571/08) for the annulment of the Commission’s decision of 30 October 2008 ordering the Federal Republic of Germany to provide information in the proceedings concerning State aid in favour of Deutsche Post AG.
4.Reserves the costs.
(<span class="super">1</span>) OJ C 328, 4.12.2010.