Judgment of the General Court (Ninth Chamber) of 25 March 2015

Data

Court: General Court

Case date: 25 maart 2015

Verdict

Judgment of the General Court (Ninth Chamber) of 25 March 2015 —Slovenská pošta v Commission

(Case T‑556/08)

"Competition - Abuse of dominant position - Slovak traditional mail and hybrid mail services markets - Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC - Exclusive right to distribute hybrid mail - Principle of sound administration - Obligation to state reasons - Right to be heard - Definition of the market - Extension of a monopoly - Article 86(2) EC - Legal certainty - Legitimate expectations"

CompetitionPublic undertakings and undertakings enjoying special or exclusive rights granted by the Member StatesSurveillance of the conduct of Member StatesRights of defence of Member States and undertakingsScope (Art. 86(1) and (3) EC) (see paras 55, 58-61, 66, 90)

CompetitionPublic undertakings and undertakings enjoying special or exclusive rights granted by the Member StatesCreation of a dominant positionNot incompatible per se with Article 82 ECState measure creating a risk of abuse of a dominant positionInadmissibility in the light of Articles 82 EC and 86(1) ECCriteria for assessment (Arts 82 EC and 86(1) EC) (see paras 95-103, 325, 352)

CompetitionAdministrative procedureCommission decision finding an infringementDecision requiring a complex economic or technical assessmentJudicial reviewLimits (Arts 81 EC and 82 EC) (see paras 104-106)

Dominant positionRelevant marketDelimitationCriteriaSubstitutability of the products or services on the supply side or the demand sidePostal servicesTraditional mail and hybrid mail services market (Art. 82 EC; Commission Notice 97/C 372/03, points 2 and 7) (see paras 111, 112, 187-192)

CompetitionPublic undertakings and undertakings enjoying special or exclusive rights granted by the Member StatesPowers of the Commission by virtue of its duty of surveillanceDiscretionEffect of the guidelines adopted by the CommissionSelf-limitation of its discretion (Art. 86(1) and (3) EC; Commission Notice 98/C 39/02) (see paras 119, 474)

CompetitionPublic undertakings and undertakings enjoying special or exclusive rights granted by the Member StatesArticle 86(2) ECConditions under which applicableBurden of proof (Art. 86(2) EC) (see paras 358, 360, 361, 408)

CompetitionAdministrative procedureCommission decision finding an infringementObligation on the Commission to examine, carefully and impartially, all the relevant factors of the case (Arts 86(2) EC and 253 EC) (see paras 427, 428, 444, 455, 463, 470)

CompetitionAdministrative procedureCommission decision finding an infringementDecision going significantly further than the previous decision-making practiceExpress reasoningNo breach of principle of the protection of legitimate expectation (see paras 476, 478)

Re:

APPLICATION for annulment of Commission Decision C(2008) 5912 final of 7 October 2008 on the Slovak postal legislation relating to hybrid mail services (Case COMP/39.562 — Slovak postal law).

Operative part

The Court:

Dismisses the action;

Orders Slovenská pošta a.s. to bear its own costs and to pay those incurred by the European Commission, Cromwell a.s., Slovak Mail Services a.s., Prvá Doručovacia a.s. and ID Marketing Slovensko s.r.o.;

Orders the Slovak Republic to bear its own costs.