DHL 2006 Annual Report Download - page 76
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e German federal government has already argued before the European
Commission that the allegations are in its opinion unfounded. Nevertheless, no
assurance can be given with regard to the two allegations relating to the requests for
information that the European Commission will not nd that the facts of the case
constitute state aid.
On January , , the European Commission issued a state aid ruling on the
assumption by the Belgian government of pension obligations owed to employees by
the Belgian telecommunications company Belgacom. Some press statements reported
that the European Commission would consider applying the state aid principles of
this decision to Deutsche Post AG if the European courts grant Deutsche Post AG’s
appeal against the European Commission’s state aid ruling dated June , .
According to these press reports, this could result in a substantial nancial burden
for Deutsche Post AG.
However, the European Commission has not conrmed these reports. In addition,
it is our opinion that the facts of the case governing the ruling of January , ,
dier from the statutory regulation of Deutsche Post AG’s pension obligations. We
believe that the arrangements for nancing pension obligations do not constitute
state aid by the Federal Republic of Germany, based on the European Commission’s
previous decisions. Furthermore, the European Commission has already examined
in detail the contributions by the Federal Republic to nance pensions within the
scope of the state aid proceedings that have already been concluded, and did not
establish any illegal aid in its decision of June , . In this respect, Deutsche
Post AG therefore claims protection under the principle of legitimate expectations.
Nevertheless, no assurance can be given that the European Commission will not
nd that the facts of the case constitute state aid.
On November , , the European Commission opened formal proceedings with
regard to possible state aid in connection with the construction of the DHL European
air hub at Leipzig/Halle airport. e European Commission notably has doubts
that the nancing of the new southern runway by the German State of Saxony,
nancial guarantees endorsed by Saxony and certain operational undertakings on
the part of the airport operator are compatible with European law on state aid. In
the opinion of Deutsche Post AG and DHL, the arrangements entered into with the
State of Saxony and the airport comply with the law relating to state aid. It cannot
be ruled out, however, that the European Commission will deem specic features of
these arrangements to be unlawful. is could result in additional costs for DHL in
operating the air hub.
72
Deutsche Post World Net Annual Report 2006