29.6.2012 Official Journal of the European Union L 170/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 25 January 2012 on the measure SA.14588 (C 20/09) implemented by Belgium in favour of De Post-La Poste (now bpost) (notified under document C(2012) 178) (Only the Dutch and French texts are authentic) (Text with EEA relevance) (2012/321/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) (1) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above (3) and having regard to their comments, Whereas: 1. PROCEDURE 1.1. COMMISSION DECISION OF 2003 ANNULLED BY THE COURT OF FIRST INSTANCE (1)  On 3 December 2002, the Belgian authorities notified (?) to the Commission an increase in the capital of De Post- La Poste (hereinafter ‘DPLP’, now ‘bpost’ (¥), the Belgian postal operator. Following a preliminary examination, the Commission decided on 23 July 2003 (°) not to object to (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (TFEU). The two sets of provisions are identical in substance. For the purposes of this Decision, references to Articles 107 and 108 TFEU should be understood as references to Articles 87 and 88 of the EC Treaty where appropriate. () O] C 176, 29.7.2009, p. 17. (’) Case N 763/02. (*) From 1 September 2010 (http://www.bpost.be/site/fr[postgroup/ bpost/intro/index.html). () C(2003) 2508 final, O] C 241, 8.10.2003, p. 13. the notified measure. The Commission found in its decision that the capital injection, together with other measures in favour of DPLP identified in the preliminary investigation, had not overcompensated DPLP for the net costs incurred in discharging its public service missions from 1992 to 2002. 2)  The Commission’s decision was challenged before the Court of First Instance (CFI) on 27 November 2003 by Deutsche Post AG and its Belgian subsidiary, DHL Inter- national (°). On 10 February 2009, the CFI annulled the Commission’s decision. The CFI concluded that the Commission had decided not to raise objections despite serious difficulties that should have led it to initiate a formal investigation procedure. (3 In April 2009, Belgium lodged an appeal () (C-148/09) with the Court of Justice (ECJ) against the CFI's annulment of the Commission’s decision of 23 July 2003. (4)  On 22 September 2011, the ECJ dismissed Belgium’s appeal and found that the CFI was right to annul the 2003 Commission decision. 1.2. COMPLAINT CONCERNING AID TO PRESS DISTRIBUTION (5  In 2005, a number of Belgian private press distribution companies filed a complaint (}) under antitrust and State aid rules against a press distribution agreement concluded (°) Case T-388/03 Deutsche Post and DHL International v Commission [2009] ECR 11-199. (') Judgment of 22 September 2011 in Case C-148/09 P Belgium v Deutsche Post AG and DHL International, not yet reported. (®) Case No CP 218/2005.