Ufex and others v Commission [2007] EUECJ T-60/05

Court of First Instance judgment (about 28 pages in French) rejecting an appeal by a group of French courier companies against a European Commission decision not to investigate complaints of abuse of dominant position against the French State postal service and its courier subsidiary Chronopost.

Despite disagreeing with some of the Commission's arguments, the Court upheld the Commission's finding that any abuse had been short-lived, had ceased in 1991, had no long-term effect, and was not worth investigating. It also rejected as inadmissible the request for the Commission to be ordered to investigate possible infringements by the French State, on the grounds that Article 86(3) could not oblige the Commission to take action.

This judgment may be appealed. Some related litigation relating to the Chronopost State aid case is also continuing in the Court of Justice.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, DG Competition, ECJ/CFI, France.

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