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Case C-674/13: Judgment of the Court (Second Chamber) of 6 May 2015 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Parcel service market — Commission decision — Obligation to recover the aid in full and to amend the scheme for the future — Measures to be taken — Article 108(2)TFEU — Regulation (EC) No 659/1999 — Article 14(3))
ECLI:EU:UNKNOWN:62013CA0674
62013CA0674
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29.6.2015
Official Journal of the European Union
C 213/8
(Case C-674/13)(Failure of a Member State to fulfil obligations - State aid incompatible with the internal market - Parcel service market - Commission decision - Obligation to recover the aid in full and to amend the scheme for the future - Measures to be taken - Article 108(2)TFEU - Regulation (EC) No 659/1999 - Article 14(3))
(2015/C 213/11)
Language of the case: German
Parties
Applicant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents,
Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by refusing autonomously to delimit the market at issue in the context of Commission Decision 2012/636/EU of 25 January 2012 concerning measure C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG, in order to ascertain whether the parcel delivery service from one undertaking to another constituted, between 2003 and 2012, on the one hand, and with effect from 2012, on the other, a separate market in the goods at issue, the Federal Republic of Germany has failed to fulfil its obligations under Articles 108(2) TFEU and 14(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU], and Articles 1 and 4 to 6 of that decision;
2.Orders the Federal Republic of Germany to pay the costs.
* * *
(<span class="super">1</span>) OJ C 45, 15.2.2014.