Order of the General Court (First Chamber) of 14 July 2010 – Deutsche Post v Commission

(Case T-570/08)

Action for annulment – State aid – Information injunction – Non-actionable measure – Inadmissibility

1.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Not included – Direction to provide information addressed to a Member State in State aid proceedings – Inadmissibility (Art. 230 EC) (see paras 24-26, 29, 31-32, 46)

2.                     State aid – Administrative procedure – Possibility for the Commission to base its decision on the information available – Condition – Prior use of power to issue directions to the Member State concerned (Art. 88(2) EC; Council Regulation No 659/1999, Arts 5(2), 6(1), 10(3), and 13(1)) (see paras 27, 39-41)

3.                     Actions for annulment – Actionable measures – Measures producing legal effects – Decision of the Commission to initiate a formal investigation procedure in relation to State aid accompanied by provisional classification as new aid (Arts 87(1) EC, 88(2) and (3) EC and 230 EC) (see paras 34-35)

4.                     State aid – Commission decision finding aid to be incompatible with the common market – Possibility for the Commission to base its decision on the information available – Limits (Art. 88(2) EC; Council Regulation No 659/1999, Art. 13(1)) (see para. 43)

Re:

APPLICATION for annulment of the decision contained in the Commission’s letter of 30 October 2008, requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG (C 36/2007 (ex NN 25/2007)).

Operative part

1. The action is dismissed as inadmissible.

2. Deutsche Post AG is ordered to pay the costs.