EU court rejects courier complaint on French Aid

A European Union court Wednesday rejected complaints from international courier companies who claimed that French state-owned postal services company La Poste unfairly subsidizes its own courier express operation.

The ruling is part of a larger struggle that sees E.U. antitrust authorities and private companies trying to pry open Europe’s monopoly-controlled postal markets while still respecting E.U. rules that allow for government funding of national postal companies serving unprofitable areas. La Poste is one such company.

The case goes back to 1990, when the Union Francaise de L’Express or Ufex, Deutsche Post AG’s, DHL International, FedEx Corp’s Federal Express International France SNC and Service CRIE all complained to E.U. competition authorities that La Poste unit Societe Francaise de Messagerie Internationale – now Chronopost – was receiving unfair competitive advantages over the rest through its state-funded parent company. These alleged advantages include receiving logistical and commercial assistance on “unusually favorable terms.”

The European Commission rejected this complaint, saying that since the matter concerned competition on the French market, it wasn’t an E.U. matter. The courier companies tried to have this decision overturned, but were spurned again in 2004 when their arguments were once again rejected.

The courier companies then went to Europe’s second-highest court, the Court of First Instance, to try and have the commission’s decision annulled. The court Wednesday ruled simply that the commission’s initial decision was correct.

The courier companies may now appeal the ruling to Europe’s highest court, the Court of High Justice.