29.8.2022

EN

Official Journal of the European Union

C 326/19

(Case T-334/22)

(2022/C 326/26)

Language of the case: English

Parties

Applicant: Danske Fragtmænd A/S (Åbyhøj, Denmark) (represented by: L. Sandberg-Mørch, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the application admissible and well founded;

—annul Commission Decision (EU) 2022/459 of 10 September 2021 (1); and

—order the Commission to pay its own costs and those of the applicant.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging that the Commission erred by considering that the grant of approximately SEK 5,67 billion to Post Danmark foreseen by the October 2017 Agreement consists of several separate measures, namely (i) one measure covering the grant by Denmark to Post Danmark of SEK 1,683 billion for its redundancy costs; (ii) one measure covering the grant by Denmark of SEK 267 million to PostNord AB (to be transferred to Post Danmark); (iii) one measure covering the grant by Sweden of SEK 400 million to PostNord AB (to be transferred to Post Danmark); and (iv) one measure covering PostNord Group’s injection to Post Danmark of DKK 2,339 billion (SEK 3,3 billion).

2.Second plea in law, alleging that, even if the capital injection by PostNord Group to Post Danmark of DKK 2,339 billion (SEK 3,3 billion) may be considered as a separate measure (quod non), the Commission erred by finding that the capital injection granted to Post Danmark by PostNord Group did not confer an advantage on Post Danmark.

Commission Decision (EU) 2022/459 of 10 September 2021 on the State aid SA.49668 (2019/C) (ex 2017/FC) and SA.53403 (2019/C) (ex 2017/FC) implemented by Denmark and Sweden for PostNord AB and Post Danmark A/S (notified under document C(2021) 6568) (OJ 2022 L 93, p. 146).