Brussels, 10/02/2009 (Agence Europe) - According to a decision made by the European Court of Justice (ECJ) on Tuesday 10 February, the Commission failed to meet its obligations by approving a capital injection into the Belgian state post office in 2003, after a simple preliminary examination. The so-called preliminary examination, according to the ECJ decision, lasted seven months (as opposed to the planned two months) and failed to clarify certain relevant information. These factors, according to the ECJ, constitute “serious difficulties” and require formal examination procedure. This procedure could have allowed Deutsche Post, a DHL International subsidiary which competes with the Belgian post office, to submit its observations. Deutsche Post and DHL went to the ECJ to appeal against the Commission's decision in the T-388/03 case. The Commission has two months to lodge an appeal on exclusively legal questions. A spokesperson for Competition Commissioner Neelie Kroes informed the press in Brussels that it is “frankly too early to make any comment”. The capital injection of €297.5 million was notified to the Commission by the Belgian authorities in December 2002. (C.D./transl./rh)