About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 Eur. St. Aid L.Q. 825 (2012)
Judgment of the Court of 13 October 2011 (Joined Cases C-463/10 P and C-475/10 P)

handle is hein.journals/estal2012 and id is 833 raw text is: Deutsche Post v Commission: Judgment 1 825 Joined Cases C463/10 P and C475/10 P Deutsche Post v Commission Judgment of 13 October 2011 Guiding Principles:I 1. Any measures adopted by the Institutions having binding legal effects are acts open to challenge in light of Article 263 TFEU. A Member State may bring an action for annulment of such a measure without having to demonstrate its interest in bringing the proceedings. (% 36) 2. A natural or legal person may only bring such an action when the measure in question is capable of affecting the interests of that applicant by causing a distinct change to its legal position. For this purpose, the measure must directly affect the legal position of the individual and leave no discretion as to its implementation, which should occur automatically, resulting from EU rules, without the application of other intermediate rules. (% 37) 3. A request for information taken in the form of a decision constitutes such an act open to challenge, as mentioned above. Such is not put into question by the necessity of looking at the substance and not at the form of a measure in order to assess its binding character. Additionally, the lack of any sanction for non compliance with the measure is not a decisive factor for determining whether proceedings may be brought seeking the annulment of the measure. (M 46 48) 4. On the contrary intermediate measures cannot be challenged as they represent a preparatory step for the final decision, which, in turn, can be annulled. Such, however, are not to be confused with acts expressing a mere provisional opinion of the institution. (% 53) 5. Should an intermediate measure not fulfill the purpose of being a preparatory step, it must be seen as pro ducing independent legal effects and, therefore, being open to challenge. (% 54) 6. A Member State that does not react to a request for information in the form of a decision fails to fulfill an obligation under the Treaties in accordance with Art. 258 TFEU. The Member State cannot justify its failure to act based on the alleged illegality of the decision as the latter must be examined within the scope of an action for annulment. M 58-6o) 7. An entity other than the addressee of a decision is individually affected, having thus a right of action, when a measure affects it due to a differentiating factual situation which distinguishes the entity in the same way as the addressee of the decision. (% 71) JUDGMENT OF THE COURT (Third Chamber)- 13 October 20113 (Appeals State aid Regulation (EC) No 659/1999 Article 10(3) Decision requiring the production of information Act open to challenge for the purposes of Article 263 TFEU) In Joined Cases C463/10 P and C475/10 P, TWO APPEALS pursuant to Article 56 of the Statute of the Court of Justice of the European Union, brought, respectively, on 24 and 27 September 2010, 1 The guiding principles are provided by Sofia Pereira Filgueiras, on behalf of the publishers. 2 he text of the judgment is taken from the website of the Court of lustice of the European Union http:/icuria.europa.eu. 3 Language o the case: German. EUROPEAN STATE AID LAW QUARTERLY EStAL 412012

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most