CASE COMMENTS : PROCEDURES - STATE AIDS - FORMAL INVESTIGATION PROCEDURE – OPENING DECISION – ACTIONABLE MEASURE – POSTAL SERVICES

State aids : The Court of Justice of the European Union sets aside the judgment of the General Court and rules that the decision related to a State aid’s compatibility is the measure that ends the investigation procedure (Deutsche Post)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Does a second decision to initiate the formal investigation procedure in respect of State aid constitute a challengeable act capable of being the subject of an action for annulment where that decision was preceded by a first opening decision taken in respect of the same aid and where a decision on the compatibility of that aid has been taken in the meantime? That, in essence, is the question raised by the present appeal against the judgment of the Court of First Instance which held that the action against the decision to initiate the formal investigation procedure in respect of measures already under investigation was inadmissible (Trib. EU, 8 December

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Alexandre Lacresse, State aids : The Court of Justice of the European Union sets aside the judgment of the General Court and rules that the decision related to a State aid’s compatibility is the measure that ends the investigation procedure (Deutsche Post), 24 October 2013, Concurrences N° 1-2014, Art. N° 63765, pp. 172-173

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