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 L282, 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. |