Language of document :

Order of the General Court of 4 May 2012 - UPS Europe and United Parcel Service Deutschland v Commission

(Case T-344/10) 

(State aid - Absence of a decision to close the procedure provided for by Article 88(2) EC - Action for failure to act - Locus standi - Admissibility)

Language of the case: English

Parties

Applicants: UPS Europe NV/SA (Brussels, Belgium); and United Parcel Service Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: European Commission (represented by: L. Flynn and D. Grespan, acting as Agents)

Intervener in support of the defendant: Deutsche Post AG (represented by: J. Sedemund, T. Lübbig and M. Klasse, lawyers)

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 provided for in Article 88(2) EC, initiated on 12 September 2007, concerning the State aid granted by the German authorities to Deutsche Post AG (aid C 36/07 (ex NN 25/07)

Operative part of the order

1.    The action is dismissed as inadmissible.

2.    UPS Europe NV/SA and United Parcel Service Deutschland Inc. & Co. OHG shall bear their own costs and pay those incurred by the European Commission.

3.    Deutsche Post AG shall bear its own costs

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1 - OJ C 288, 23.10.2010.