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Document 62004CO0367

    Order of the Court (Fourth Chamber) of 21 February 2006.
    Deutsche Post AG and DHL Express (Italy) Srl v Commission of the European Communities.
    Appeal - Aid granted by the Italian authorities in favour of Poste Italiane.
    Case C-367/04 P.

    Izvješća Suda EU-a 2006 I-00026*

    ECLI identifier: ECLI:EU:C:2006:126





    Order of the Court (Fourth Chamber) of 21 February 2006 – Deutsche Post and DHL Express (formerly DHL International) v Commission

    (Case C-367/04 P)

    Appeal – Aid granted by the Italian authorities to Poste Italiane)

    1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 87(1) EC, 88(2) EC, and 230, fourth para., EC) (see paras 37-38, 40-42, 50-51)

    2.                     Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 43)

    Re:

    Appeal against the order of the Court of First Instance (Second Chamber, Extended Composition) of 27 May 2004 in Case T-358/02 Deutsche Post and DHL International v Commission dismissing as inadmissible the action for annulment of Commission Decision 2002/782/EC of 12 March 2002 on the aid granted by Italy to Poste Italiane SpA (formerly Ente Poste Italiane) (OJ 2002 L 282, p. 29)

    Operative part:

    The Court:

    1.

    Dismisses the appeal;

    2.

    Orders Deutsche Post AG and DHL Express (Italy) Srl, formerly DHL International Srl, to pay the costs;

    3.

    Orders the Italian Republic to bear its own costs.

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