Asunto T-834/17: Recurso interpuesto el 29 de diciembre de 2017 — United Parcel Service/Comisión
| Sección: | información judicial |
| Emisor: | Comisión de las Comunidades Europeas |
26.2.2018 ES Diario Oficial de la Unión Europea C 72/41
Lengua de procedimiento: inglés
Demandante: United Parcel Service, Inc. (Atlanta, Georgia, Estados Unidos) (representantes: A. Ryan, Solicitor, F. Hoseinian y W. Knibbeler, abogados)
Demandada: Comisión Europea
La parte demandante solicita al Tribunal General que:
— Indemnice a UPS por los perjuicios sufridos con un importe de 1 742 millones de euros, más los correspondientes intereses.
— Indemnice a UPS por los impuestos con los que será gravada la indemnización obtenida con arreglo al tipo impositivo aplicable en la fecha en que se dicte sentencia.
— Condene a la Comisión a cargar con las costas del presente procedimiento.
La demandante solicita una compensación con arreglo al artículo 340 TFUE por las pérdidas sufridas como consecuencia de la Decisión C(2013) 431 de la Comisión, asunto COMP/M.6570 UPS/TNT Express (en lo sucesivo, «Decisión») que fue anulada por el Tribunal General mediante sentencia dictada el 7 de marzo de 2017 en el asunto T-194/13.
En apoyo de su recurso, la demandante solicita que la Decisión adolece de graves infracciones de normas jurídicas por las que se atribuían derechos a UPS. Según la demandante, cada una de las infracciones sirvió de fundamento a la Decisión e impidió a la demandante adquirir TNT y obtener los beneficios derivados de la operación propuesta.
La demandante sostiene que tales infracciones son violaciones suficientemente caracterizadas de normas en relación con 1) el análisis de la concentración de precios, 2) el análisis de eficiencia, 3) la evaluación de la fuerza competitiva...
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