Asunto T-60/05: Recurso interpuesto el 2 de febrero de 2005 contra la Comisión de las Comunidades Europeas por Union française de l'express (UFEX) y otros

• Jurisdiction: European Union
• Published date: 20 April 2005
• Celex Number: C2005/093/71

16.4.2005 EN Official Journal of the European Union C 93/39

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Action brought on 2 February 2005 by Union française de l'express (UFEX) and Others against the Commission of the European Communities

(Case T-60/05)

(2005/C 93/71)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 2 February 2005 by Union française de l'express (UFEX), having its registered office at Roissy Charles de Gaulle (France), DHL International SA, having its registered office at Roissy Charles de Gaulle (France), Federal Express International (France) SNC, having its registered office at Gennevilliers (France), and CRIE, having its registered office at Asnières (France), represented by Eric Morgan de Rivery and Jacques Derenne, lawyers.

The applicants claim that the Court should:

— annul Commission decision SG-Greffe (2004) D/205294 of 19 November 2004;

— order the Commission to pay the costs.

Pleas in law and main arguments

The present application seeks annulment of the decision rejecting the complaint lodged in December 1990 by UFEX, then called SFEI, against la Poste as a result of cross-subsidies allegedly amounting to an abuse of a dominant position to the benefit of Société Française de Messagerie Internationale (SFMI). That decision is the consequence of a request to reopen the procedure before the Commission following annulment by the Community Court of the Commission's decision of 30 December 1994, which rejected the initial complaint. (1)

The main issue raised in the present case is still the same as that which was the subject of the judgments of the Court of Justice and the Court of First Instance cited above, namely whether the defendant complied with its obligations in the context of the examination of the complaint. The applicants submit that, in rejecting the complaint on the ground of an alleged lack of Community interest, the contested decision infringes the legal rules relating to assessment of Community interest, is vitiated by a contradiction in the grounds and contains a number of errors of law, as regards the rejection of that part of the complaint based on Articles 86 EC, 82 EC, 3(g) EC and 10 EC.

Specifically, the applicants claim in particular that the Commission made errors in assessing the elements which...