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Case C-77/12 P: Judgment of the Court (Second Chamber) of 24 October 2013 — Deutsche Post AG v European Commission, UPS Europe NV/SA, UPS Deutschland Inc. & Co. OHG (Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures)
ECLI:EU:UNKNOWN:62012CA0077
62012CA0077
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14.12.2013
Official Journal of the European Union
C 367/6
(Case C-77/12 P) (<span class="super">1</span>)
(Appeal - State aid - Commission decision to initiate the procedure laid down in Article 88(2) EC - Action for annulment - Measure against which action for annulment may be brought - Measures intended to have binding legal effects - Earlier decision to initiate on the same measures)
2013/C 367/08
Language of the case: German
Parties
Appellant: Deutsche Post AG (represented by: J. Sedemund and T. Lübbig, Rechtsanwälte)
Other parties to the proceedings: European Commission (represented by: B. Martenczuk and T. Maxian Rusche, acting as Agents), UPS Europe NV/SA, UPS Deutschland Inc. & Co. OHG (represented by: T. Ottervanger and E. Henny, advocaten)
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 December 2011 in Case T-421/07 Deutsche Post v Commission, in which the General Court dismissed as inadmissible the applicant’s action seeking the annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC in respect of State aid granted by the Federal Republic of Germany to Deutsche Post AG (aid C 36/07 (ex NN 25/07)) — Infringement of the fourth paragraph of Article 263 TFEU and the right to an effective legal remedy — Misinterpretation of the right to sound administration as well as the principles of legitimate expectations and legal certainty — Inadequate statement of reasons in the General Court’s judgment
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 8 December 2011 in Case T-421/07 Deutsche Post v Commission;
2.Refers the case back to the General Court of the European Union;
3.Reserves the costs.
(<span class="super">1</span>) OJ C 118, 21.4.2012.