State aid in the postal sector

State Aids

The EU Court of Justice reviews findings regarding the existence of an unlimited guarantee granted by the French State to its postal operator (La Poste)
University of Bristol - Law School
Recent CJEU and GC views on the "economic advantage" element in State aid cases (C-559/12 and T-150/12)* In two recent cases, the Court of Justice of the EU (CJEU) and the General Court (GC) have reassessed the element of "economic advantage" required in the prohibition of State aid in Art (...)

The EU Court of Justice rules in favour of the appellant and allows the action for annulment against the Commission decision to reopen an inquiry on the alleged incompatibility of a state aid measure (Deutsche Post)
University of Bristol - Law School
"Ne bis in idem" in State aid control? CJEU quashes Deutsche Post decision (C-77/12 P)* In its Judgment of 24 October 2013 in case C-77/12 P Deutsche Post v Commission, the Court of Justice of the EU quashed a Judgment of the General Court (T-421/07) and (indirectly) questioned a decision (...)

The EU General Court annuls the Commission decision rejecting the accuracy of the economic calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court rules that an unlimited state guarantee granted to the postal services company constitutes incompatible state aid (La Poste)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures* Main points Unlimited state guarantees are never compatible with the internal market The existence of an unlimited guarantee and its (...)

The EU Court of Justice sides Germany that Commission injunctions to provide information can be challenged (Deutsche Post)
Van Bael & Bellis (Brussels)
In its judgment handed down on 13 October 2011, the Court of Justice overturned the General Court’s ruling that appeals by Germany and Deutsche Post AG (“Deutsche Post”) relating to a Commission injunction requesting information in state aid investigations were inadmissible. At issue was (...)

The European Commission authorises public assistance to UK postal services operator ruling that the aid was compatible with EU rules because it does not overcompensate the net costs of the important public service tasks entrusted and therefore did not give any unfair competitive advantage (UK Post Office Limited)
European Commission - DG TRADE
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European Commission - DG COMP
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The European Commission authorises £180 M of public assistance to UK postal services operator for the funding of its network of post offices during one year (Post Office Limited)
European Commission - DG COMP
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European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission authorised £180 million (€212 million) of public assistance to the UK Post Office Limited (POL) for the funding of its network of post offices during one year starting 1 April 2011. The Commission also (...)

The European Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)
Van Bael & Bellis (Brussels)
On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

The ECJ Advocate General Jääskinen agrees with the General Court’s ruling in a recovery State aid case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The European Commission holds that the existing State aid scheme in favor of French postal services incumbent is not compatible with EU State aid rules (Garantie d’Etat illimitée - La Poste)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* On 26 January 2010, the Commission completed its investigation into the unlimited state guarantee enjoyed by the French Post Office (‘La Poste‘) because of its special status as a public body, following the adoption by the (...)

The European Commission endorses a scheme to compensate the Polish postal undertaking for net losses incurred in discharging its public service obligations (Poczta Polska)
European Commission - DG COMP
"State aid: main developments between 1 September and 31 December 2009"* On 15 December 2009, the European Commission also endorsed a scheme to compensate the Polish post for net losses incurred in discharging its public service obligations between 2006 and 2011. The Commission found the (...)

The European Commission decides that four State aid measures granted in favour of the UK postal incumbent are in line with EU State aid rules (Royal Mail)
European Commission - DG COMP
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Groupe Holder
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"State aid: main developments between 1 January and 30 April 2009"* On 8 April 2009, the Commission decided that four State aid measures granted in favour of the UK postal incumbent Royal Mail between 2001 and 2007 were in line with EU State aid rules. Since none of the measures had been (...)

The EU Court of First Instance annuls a Commission decision in a State aid case and holds that the Commission failed to examine whether the State measures exceeded the costs incurred by postal incumbent postal in performing services of general economic interest (Deutche Post)
Van Bael & Bellis (Brussels)
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

The European Court of Justice annuls Court of First Instance’s judgment on State aid in the postal sector (Chronopost, La Poste)
Van Bael & Bellis (Brussels)
On 1 July 2008, the European Court of Justice (hereinafter ‘the ECJ’) annulled a judgment of the Court of First Instance (hereinafter ‘the CFI’) which annulled a 1997 Commission decision in so far as the Commission had found that the logistical and commercial assistance provided by the French Post (...)

The European Commission holds that the remuneration fee paid for the distribution of postal savings books does not constitute State aid because this remuneration is in line with the principles established by the European Court of Justice (Cassa Depositi e Prestiti, Poste Italiane)
European Commission - DG COMP
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European Commission - DG BUDG
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid because (...)

The Paris Commercial Tribunal rules that a recipient of State aid could not be held liable for not having verified whether the aid had been notified (SFEI/La Poste-Chronopost)
Sheppard Mullin (Brussels)
Express delivery is a personalized service for the rapid dispatch of documents and parcels. In France this sector is open to unrestricted competition, unlike the ordinary postal service which is subject to the monopoly of the Post Office. The Société française de messagerie internationale (...)

The European Court of Justice rejects the appeal of the Commission in a State aid case granted in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP
"Comment on the Judgment of the Court of 2 April 1998, Case C-367/95 P: Commission of the European Communities and French Republic v Chambre syndicale nationale des entreprises de transport de fonds et valeurs (Sytraval) and Brink’s France SARL"* 1. The Background With judgment of 28 September (...)

The EU Court of First Instance annuls the Commission decision rejecting a complaint concerning an alleged State aid in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP
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European Commission - DG COMP
"SYTRAVAL"* In its judgment of 28 September 1995 in case T-95/94 «SYTRAVAL« v. Commission the Court of First Instance (CFI) annulled the Commission’s decision of 31 December 1993 rejecting a complaint in respect of alleged state aid in favour of «Sécuripost«, a subsidairy of the state-owned French (...)

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