* ECJ passes Deutsche Post state aid case back to General
* Deutsche Post had requested lifting 2011 EU court decision
* Deutsche Post welcomes latest court decision
FRANKFURT, Oct 24 Deutsche Post DHL
won a small legal victory on Thursday in a years-long battle
with the European Union over state aid allegedly received from
the German government.
The European Court of Justice (ECJ) said it was asking the
EU's second-highest court to review its 2011 rejection of a
challenge by the company against the reopening of a probe into
possible state aid.
Deutsche Post, Europe's biggest mail and express delivery
company, welcomed the ECJ's decision.
"It's a small step towards a victory. Now the next step is
for the lower court to decide if our challenge has a legal
substance," a spokesman for the company said. He added that the
ruling had no immediate impact on any demands to repay aid.
Since Deutsche Post's privatisation in the 1990s, European
regulators have waged legal battles with the German government
over whether the company got preferential treatment compared
In 2002, the Commission ordered Deutsche Post to repay 572
million euros ($788.36 million)of state aid that the company
used to subsidise its loss-making parcels business in the 1990s.
The ruling was annulled later that year.
The Commission launched a fresh push in 2007 to investigate
possible aid beyond that sum following complaints by U.S.-based
United Parcel Service and other rivals.
Deutsche Post tried to have that investigation shut down,
arguing at that the matter had already been concluded with the
But the General Court in December 2011 threw out Deutsche
Post's challenge. The following month, the Commission said
Deutsche Post would have to repay German authorities between 500
million euros and 1 billion euros in aid that it found breached
state aid rules. [ID :nL5E8CP1XF]
The ECJ said on Thursday, however, that there was a legal
error in the General Court's reasoning in 2011 and that Deutsche
Post should have been able to challenge the widened probe.