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Order of the General Court (Sixth Chamber) of 4 May 2012.#UPS Europe NV/SA and United Parcel Service Deutschland Inc. & Co. OHG v European Commission.#State aid — No decision to close the procedure under Article 88(2) EC — Action for failure to act — Locus standi — Admissibility.#Case T‑344/10.
ECLI:EU:T:2012:216
62010TO0344
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Actions for failure to act — Natural or legal persons — Measures of direct and individual concern to them — Commission not terminating a formal investigation procedure on aid — Right of a competitor undertaking to bring an action — Condition — Market position significantly affected (Art. 88(2) EC; Arts 263, fourth para., TFEU and 265, third para., TFEU) (see paras 34, 35, 42-44, 47-50, 55, 59, 60)
Re:
ACTION for failure to act, seeking a declaration that the Commission unlawfully failed to take a decision, within a reasonable period, in the procedure under Article 88(2) EC, initiated on 12 September 2007, concerning State aid granted by the German authorities to Deutsche Post AG (aid C 36/07 (ex NN 25/07)).
Operative part
1.The action is dismissed as inadmissible.
3.Deutsche Post AG is ordered to bear its own costs.