19.10.2012 Official Journal of the European Union L 289/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 25 January 2012 Measures C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG (notified under document C(2012) 184) (Only the German version is authentic) (Text with EEA relevance) (2012/636/EU) 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 called on interested parties to submit their comments pursuant to the provision(s) cited above (%) and having regard to their comments, Having regard to the Agreement on the European Economic Area and in particular Article 62(1)(a) thereof, Whereas: I. PROCEDURE L.1. State aid Procedures L.1.1. 1999 Opening Decision and 2002 Decision (1)  In 1994 United Parcel Service (hereafter UPS) filed a complaint concerning the granting of unlawful State (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. Invitation of 17 August 1999 to submit comments pursuant to Article 88(2) of the EC Treaty on aid C 61/99 (ex NN 153/96) — State aid to Deutsche Post AG (O] C 306, 23.10.1999, p. 25); invitation of 19 October 2007 to submit comments pursuant to Article 88(2) of the EC Treaty on aid C 36/07 (ex NN 25/07) — State aid to Deutsche Post AG (O] C 245, 19.10.2007, p. 21); and invitation of 11 May 2011 to submit comments pursuant to Article 108(2) TFEU on aid C 36/07 — State aid to Deutsche Post AG (O] C 263, 7.9.2011, p. 4). —_ - aid to Deutsche Bundespost POSTDIENST (hereafter POSTDIENST). (2)  Following the opening of proceedings on 23 October 1999 (hereafter 1999 Opening Decision), Germany submitted comments on 16 September 1999. Following  publication, the Commission received comments from 14 interested parties, which were duly transmitted to the German Government by letter dated 15 December 1999 providing it with an opportunity to make its own observations concerning these comments. The German authorities responded by letter dated 1 February 2000, which was registered as received on 2 February 2000. (3)  The Commission adopted a final negative decision on 19 June 2002 (%) (hereafter 2002 Decision) finding that POSTDIENST and its successor Deutsche Post AG (hereafter DPAG, while POSTDIENST and DPAG will be hereafter jointly referred to as Deutsche Post) priced door-to-door parcels below incremental costs and that its aggressive pricing policy did not to fall within Deutsche Post’s universal service obligation. The resulting losses of EUR 572 million were ultimately financed, in contra- vention of Articles 106 and 107 TFEU, by the State resources which were granted to Deutsche Post in various forms (e.g. public transfers from sister company Deutsche Bundespost TELEKOM (hereafter TELEKOM), public guarantees for loans, and public subsidies to finance the civil servants’ pensions). (}) Commission Decision 2002/753/EC of 19 June 2002 on measures implemented by the Federal Republic of Germany for Deutsche Post AG (O] L 247, 14.9.2002, p. 27).