Między korzyścią obiektywną a relatywną. Wyrok Sądu UE w sprawie T-143/12 Deutsche Post i jego konsekwencje
Between a relative and an objective advantage. Case T-143/12 Deutsche Post and its consequences

Summary/Abstract: In July 2016, the General Court issued a judgment in the Germany v Commission (Deutsche Post) case. In this judgment, the Court carried out a judicial review of the decision of the European Commission declaring as State aid certain measures granted by the German government to Deutsche Post. Some of them were considered by the Commission as existing aid or as aid compatible with the Internal Market. However, measures intended to cover additional costs related to the special status of German postal officers was considered an illegal aid and thus subject to recovery. The General Court annulled the Commission decision and held that the measure in question did not constitute State Aid, but merely a compensation for the disadvantageous structural position of Deutsche Post resulting from the obligations imposed on this company. The interpretation of Art. 107 (1) TFEU made by the General Court, regarding the selectivity of the measure, as well as the analogy to the Altmark test, as applied by the General Court, raise questions as to their compliance with well-established case-law regarding public service compensation, as well as the concept of ‘unmarketlike’ advantage and the notion of State Aid in general. The paper aims to answer the question of the compatibility of the Court’s judgment with earlier case-law, as well as to assess potential consequences of a possible application of the approach developed by the Court in the analyzed judgment.

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