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
____________1 - OJ C 288, 23.10.2010.