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Case C-148/09 P: Judgment of the Court (First Chamber) of 22 September 2011 — Kingdom of Belgium v Deutsche Post AG, DHL International, European Commission (Appeal — Action for annulment — State aid — Article 88(3) EC — Regulation (EC) No 659/1999 — Commission decision not to raise objections — Concept of doubts — Services of general economic interest)
ECLI:EU:UNKNOWN:62009CA0148
62009CA0148
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12.11.2011
Official Journal of the European Union
C 331/2
(Case C-148/09 P)
(Appeal - Action for annulment - State aid - Article 88(3) EC - Regulation (EC) No 659/1999 - Commission decision not to raise objections - Concept of ‘doubts’ - Services of general economic interest)
2011/C 331/02
Language of the case: German
Parties
Applicant: Kingdom of Belgium (represented by: C. Pochet and T. Materne, Agents, and J. Meyers, advocaat)
Other parties to the proceedings: Deutsche Post AG (represented by: T. Lübbig and J. Sedemund, Rechtsanwälte), DHL International (represented by: T. Lübbig and J. Sedemund, Rechtsanwälte), European Commission (B. Martenczuk and D. Grespan, Agents)
Re:
Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 10 February 2009 in Case T-388/03 Deutsche Post and DHL International v Commission, by which the Court annulled Commission Decision C(2003) 2508 final of 23 July 2003 not to raise objections, following the preliminary examination procedure provided for in Article 88(3) EC, to several measures adopted by the Belgian authorities in favour of La Poste SA — Compensation of net costs of services of general economic interest — Certain circumstances wrongly classified as evidence of serious difficulties necessitating the initiation of the formal investigation procedure — Inadmissible pleas taken into consideration — Breach of the principle of legal certainty
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Kingdom of Belgium and the European Commission to pay the costs.
(1) OJ C 167, 18.7.2009.