''Deutsche Post v Commission'' is a 2011 pair of joined cases, and , before the

Court of Justice of the European Union The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU ins ...

concerning the scope for

judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

in information injunctions in state aid cases. The opinion, handed down 13 October 2011, interprets Article 263 of the

Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

to mean that any official act on the part of any body, office or agency of the European Union that produces binding legal effects affecting the interests of a natural or legal person is open to challenge before the Court of Justice. Overruling the General Court, the opinion thus strengthens the right to judicial review of administrative acts. The pair of cases is part of a cluster of disputes sometimes referred to as the "Deutsche Post saga" in the academic community.

Facts

Deutsche Post (, ) is a brand of the DHL Group (listed as ), used for its domestic mail services in Germany. The services offered under the brand are those of a traditional mail service, making the brand the successor of the former state-owned mail monopoly ...

and Germany claimed annulment of an order by the General Court, which declared inadmissible their actions for annulment of a Commission decision to require Germany provide information on

state aid State aid in the European Union is the name given to a subsidy or any other aid provided by a government that distorts competition. Under European Union competition law, the term has a legal meaning, being any measure that demonstrates any of the ...

to Deutsche Post.

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

article 108 required member states to notify the Commission of plans to grant new aid, and to give all necessary information. In 2008 the Commission sent a questionnaire on DP's revenue and costs, and a reminder letter. Germany replied that it would be disproportionate in time and work to give the information after 1994. The Commission said the information had to be given in 20 days. Deutsche Post and Germany brought an action for annulment and the Commission argued it was not an 'act', and this was upheld by the General Court. It said that an injunction for information had no sanction, so was not an 'act' open to challenge.

Judgment

The Third Chamber held that the Commission had done an act, and therefore an action for annulment could be brought. It produced independent legal effects.

Notes

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References

* Court of Justice of the European Union case law

Facts

Judgment

See also

Notes

References