The General Court of the European Union, in a judgment delivered on Wednesday 23 February (Cases T-834/17 and T-540/18), dismissed the actions for damages brought byUPS and ASL Aviation Holdings against the European Commission seeking compensation for the economic harm allegedly suffered as a result of the illegality of the Commission’s decision of January 2013 (see EUROPE 10775/26) declaring the merger between UPS and TNT Express, active in the international express parcel delivery markets, incompatible with the internal market (see EUROPE 12173/24).
Case T-834/17. According to the General Court, the Commission did not infringe UPS’s procedural rights in the administrative procedure, did not fail to comply with its duty to state reasons and did not err in its assessment of the substance of the notified concentration between UPS and TNT.
See the Court’s judgment: https://aeur.eu/f/gu
Case T-540/18. In this case, ASL Aviation Holdings argues, inter alia, that it had entered into commercial agreements with TNT to be executed after the approval of the merger between UPS and TNT Express.
Nevertheless, the General Court is of the opinion that the Commission did not violate the fundamental rights of ASL Aviation Holdings or those of UPS and did not commit serious and manifest errors in its assessment of the notified concentration.
See the Court’s judgment: https://aeur.eu/f/gw (Original version in French by Mathieu Bion)