Knowledge (XXG)

Deutsche Post v Commission

Source 📝

212:, an action for annulment is brought by a non-privileged applicant against a measure that has not been addressed to it, the requirement that the binding legal effects of the measure being challenged must be capable of affecting the interests of the applicant by bringing about a distinct change in his legal position overlaps with the conditions laid down in the fourth paragraph of Article 263 TFEU. 22: 169:
information after 1994. The Commission said the information had to be given in 20 days. Deutsche Post and Germany brought an action for annulment and the Commission argued it was not an 'act', and this was upheld by the General Court. It said that an injunction for information had no sanction, so was not an 'act' open to challenge.
223:
53 Next, the case-law shows that an intermediate measure is also not capable of forming the subject-matter of an action if it is established that the illegality attaching to that measure can be relied on in support of an action against the final decision for which it represents a preparatory step. In
217:
45 It follows from the above that a decision taken pursuant to Article 10(3) of Regulation No 659/1999 is intended to produce binding legal effects within the meaning of the case-law cited in paragraph 36 of this judgment, and therefore constitutes an act open to challenge for the purposes of Article
264:
74 Next, it must be noted that the information injunction refers to a procedure for examining a State aid measure from which Deutsche Post is alleged to have benefited. The information concerned by the act at issue concern only Deutsche Post. The latter is thus individually concerned by that measure
185:
37 Where the action for annulment against an act adopted by an institution is brought by a natural or legal person, the Court of Justice had repeatedly held that the action lies only if the binding legal effects of that act are capable of affecting the interests of the applicant by bringing about a
181:
36 According to consistent case-law, developed in the context of actions for annulment brought by Member States or institutions, any measures adopted by the institutions, whatever their form, which are intended to have binding legal effects are regarded as acts open to challenge, within the meaning
254:
71 As for whether Deutsche Post is individually concerned by the act at issue, it should be recalled that, according to consistent case-law of the Court of Justice, persons other than those to whom a decision is addressed may claim to be individually concerned only if that decision affects them by
168:
article 108 required member states to notify the Commission of plans to grant new aid, and to give all necessary information. In 2008 the Commission sent a questionnaire on DP's revenue and costs, and a reminder letter. Germany replied that it would be disproportionate in time and work to give the
245:
54 However, if that latter condition is not satisfied, it will be considered that the intermediate measure – independently of whether the latter expresses a provisional opinion of the institution concerned – produces independent legal effects and must therefore be capable of forming the
182:
of Article 263 TFEU .... The case-law further shows that a Member State, such as the applicant in Case C‑475/10 P, may admissibly bring an action for annulment of a measure producing binding legal effects without having to demonstrate that it has an interest in bringing proceedings....
207:
38 It must, however, be emphasised that the case-law cited in the paragraph above was developed in the context of actions brought before the EU judicature by natural or legal persons against measures of which they were the addressees. Where, as in the case giving rise to the order in
260:
73 in that respect, it should be noted that the fact that the act at issue is not addressed to Deutsche Post is irrelevant for assessing whether that undertaking is individually concerned by that measure, for the purposes of the fourth paragraph of Article 263 TFEU.
255:
reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and, by virtue of those factors, distinguishes them individually just as in the case of the person addressed.
137:
to mean that any official act on the part of any body, office or agency of the European Union that produces binding legal effects affecting the interests of a natural or legal person is open to challenge before the Court of Justice. Overruling the
412:
Downie, Gordon (2012). "Scope for Judicial Review of Information Injunctions in State Aid Cases: Annotation on the Judgement of the Court of 13 October 2011 in joined cases C 463/10 P and C 475/10 P,
535: 295: 134: 177:
The Third Chamber held that the Commission had done an act, and therefore an action for annulment could be brought. It produced independent legal effects.
288: 126: 346: 40: 249:
55 in this case, it must be held that an information under Article 10(3) of Regulation No 659/1999 produces independent legal effects.
358: 281: 58: 224:
such circumstances, the action brought against the decision terminating the procedure will provide sufficient judicial protection (
232: 145:
The pair of cases is part of a cluster of disputes sometimes referred to as the "Deutsche Post saga" in the academic community.
160:, which declared inadmissible their actions for annulment of a Commission decision to require Germany provide information on 157: 139: 370: 334: 133:
in information injunctions in state aid cases. The opinion, handed down 13 October 2011, interprets Article 263 of the
194: 84: 443:
Frattini, Alessandro (2019). "Extension of Formal Investigation Procedure and Obligation to State Reasons".
238: 200: 460: 393: 452: 425: 226: 188: 130: 104: 529: 464: 153: 142:, the opinion thus strengthens the right to judicial review of administrative acts. 429: 456: 161: 491: 265:
for the purposes of the case-law cited in paragraph 71 of this judgment.
382: 273: 31:
provides insufficient context for those unfamiliar with the subject
311: 165: 277: 15: 186:
distinct change in his legal position (see, in particular,
36: 98: 90: 80: 75: 156:and Germany claimed annulment of an order by the 536:Court of Justice of the European Union case law 179: 135:Treaty on the Functioning of the European Union 246:subject-matter of an action for annulment.... 289: 8: 233:AKZO Chemie and AKZO Chemie UK v Commission 296: 282: 274: 72: 59:Learn how and when to remove this message 477: 404: 236:ECR 1965, paragraph 19; Case C-400/99 127:Court of Justice of the European Union 41:providing more context for the reader 7: 490:Essers, Maurice (21 January 2016). 14: 359:Kanatami v Parliament and Council 445:European State Aid Law Quarterly 418:European State Aid Law Quarterly 198:, paragraph 29; Case C‑322/09 P 117:is a 2011 pair of joined cases, 20: 195:Athinaïki Techniki v Commission 347:Unión de Pequeños Agricultores 335:Plaumann & Co v Commission 94:(2011) C-463/10P and C-475/10P 1: 371:Piraiki-Patraiki v Commission 496:Tijdschrift voor Staatssteun 242:ECR I 7303, paragraph 63). 230:, paragraph 12; Case 53/85 204:ECR I-0000, paragraph 45). 552: 414:Deutsche Post v Commission 323:Deutsche Post v Commission 210:Deutsche Post v Commission 114:Deutsche Post v Commission 76:Deutsche Post v Commission 430:10.21552/ESTAL/2012/4/317 379: 367: 355: 343: 331: 319: 309: 129:concerning the scope for 103: 85:European Court of Justice 457:10.21552/estal/2019/3/16 267: 451:(3): 372–376, 374. 424:(4): 821–824, 821. 37:improve the article 394:European Union law 304:EU judicial review 239:Italy v Commission 201:NDSHT v Commission 164:to Deutsche Post. 389: 388: 374:(1985) Case 11/82 338:(1963) Case 25/62 110: 109: 69: 68: 61: 543: 512: 511: 509: 507: 487: 481: 475: 469: 468: 440: 434: 433: 409: 350:(2002) C-50/00 P 326:(2011) C-463/10P 298: 291: 284: 275: 227:IBM v Commission 189:IBM v Commission 124: 120: 73: 64: 57: 53: 50: 44: 24: 23: 16: 551: 550: 546: 545: 544: 542: 541: 540: 526: 525: 520: 515: 505: 503: 489: 488: 484: 476: 472: 442: 441: 437: 411: 410: 406: 402: 390: 385: 375: 363: 362:(2013) C-583/11 351: 339: 327: 315: 305: 302: 272: 192:, paragraph 9; 175: 151: 131:judicial review 122: 118: 105:Judicial review 65: 54: 48: 45: 34: 25: 21: 12: 11: 5: 549: 547: 539: 538: 528: 527: 524: 523: 519: 516: 514: 513: 492:"Redactioneel" 482: 480:, p. 372. 470: 435: 403: 401: 398: 397: 396: 387: 386: 380: 377: 376: 368: 365: 364: 356: 353: 352: 344: 341: 340: 332: 329: 328: 320: 317: 316: 310: 307: 306: 303: 301: 300: 293: 286: 278: 271: 268: 174: 171: 150: 147: 108: 107: 101: 100: 96: 95: 92: 88: 87: 82: 78: 77: 67: 66: 28: 26: 19: 13: 10: 9: 6: 4: 3: 2: 548: 537: 534: 533: 531: 522: 521: 517: 501: 497: 493: 486: 483: 479: 478:Frattini 2019 474: 471: 466: 462: 458: 454: 450: 446: 439: 436: 431: 427: 423: 419: 415: 408: 405: 399: 395: 392: 391: 384: 378: 373: 372: 366: 361: 360: 354: 349: 348: 342: 337: 336: 330: 325: 324: 318: 313: 308: 299: 294: 292: 287: 285: 280: 279: 276: 269: 266: 262: 258: 256: 252: 250: 247: 243: 241: 240: 235: 234: 229: 228: 221: 219: 215: 213: 211: 205: 203: 202: 197: 196: 191: 190: 183: 178: 172: 170: 167: 163: 159: 158:General Court 155: 154:Deutsche Post 148: 146: 143: 141: 140:General Court 136: 132: 128: 125:, before the 116: 115: 106: 102: 97: 93: 89: 86: 83: 79: 74: 71: 63: 60: 52: 49:February 2020 42: 38: 32: 29:This article 27: 18: 17: 504:. Retrieved 499: 495: 485: 473: 448: 444: 438: 421: 417: 413: 407: 369: 357: 345: 333: 322: 321: 314:arts 263-267 263: 259: 257: 253: 251: 248: 244: 237: 231: 225: 222: 220: 216: 214: 209: 206: 199: 193: 187: 184: 180: 176: 152: 144: 113: 112: 111: 70: 55: 46: 35:Please help 30: 506:17 February 518:References 218:263 TFEU. 123:C 475/10 P 119:C 463/10 P 465:211395369 162:state aid 91:Citations 530:Category 270:See also 173:Judgment 99:Keywords 463:  383:EU law 461:S2CID 400:Notes 149:Facts 81:Court 508:2024 500:2015 381:See 312:TFEU 166:TFEU 121:and 502:(4) 453:doi 426:doi 416:". 39:by 532:: 498:. 494:. 459:. 449:18 447:. 422:11 420:. 510:. 467:. 455:: 432:. 428:: 297:e 290:t 283:v 62:) 56:( 51:) 47:( 43:. 33:.

Index

improve the article
providing more context for the reader
Learn how and when to remove this message
European Court of Justice
Judicial review
Court of Justice of the European Union
judicial review
Treaty on the Functioning of the European Union
General Court
Deutsche Post
General Court
state aid
TFEU
IBM v Commission
Athinaïki Techniki v Commission
NDSHT v Commission
IBM v Commission
AKZO Chemie and AKZO Chemie UK v Commission
Italy v Commission
v
t
e
TFEU
Deutsche Post v Commission
Plaumann & Co v Commission
Unión de Pequeños Agricultores
Kanatami v Parliament and Council
Piraiki-Patraiki v Commission
EU law
European Union law

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.