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Case T-834/17: Judgment of the General Court of 23 February 2022 — United Parcel Service v Commission (Non-contractual liability — Competition — Markets for international express small package delivery services in the EEA — Concentration — Decision declaring the concentration incompatible with the internal market — Annulment of the decision by a judgment of the Court — Rights of the defence — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link)
ECLI:EU:UNKNOWN:62017TA0834
62017TA0834
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25.4.2022
Official Journal of the European Union
C 171/24
(Case T-834/17)
(Non-contractual liability - Competition - Markets for international express small package delivery services in the EEA - Concentration - Decision declaring the concentration incompatible with the internal market - Annulment of the decision by a judgment of the Court - Rights of the defence - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link)
(2022/C 171/29)
Language of the case: English
Parties
Applicant: United Parcel Service, Inc. (Atlanta, Georgia, United States) (represented by: A. Ryan, Solicitor, F. Hoseinian, W. Knibbeler, A. Pliego Selie and F. Roscam Abbing, lawyers)
Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)
Re:
Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicant as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to bear its own costs and to pay one third of the costs incurred by United Parcel Service, Inc.;
3.Orders United Parcel Service to bear two thirds of its own costs.
(1)
OJ C 72, 26.2.2018.