Order of the Court (Fourth Chamber) of 21 February 2006 - Deutsche Post
   and DHL Express (formerly DHL International) v Commission

   (Case C-367/04 P)

   Appeal - Aid granted by the Italian authorities to Poste Italiane)

   1.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them (Arts 87(1) EC,
   88(2) EC, and 230, fourth para., EC) (see paras 37-38, 40-42, 50-51)

   2.                     Appeals - Grounds - Review by the Court of the
   assessment of the evidence - Possible only where the clear sense of the
   evidence has been distorted (Art. 225 EC; Statute of the Court of
   Justice, Art. 58) (see para. 43)

   Re:

   Appeal against the order of the Court of First Instance (Second
   Chamber, Extended Composition) of 27 May 2004 in Case T-358/02 Deutsche
   Post and DHL International v Commission dismissing as inadmissible the
   action for annulment of Commission Decision 2002/782/EC of 12 March
   2002 on the aid granted by Italy to Poste Italiane SpA (formerly Ente
   Poste Italiane) (OJ 2002 L 282, p. 29)

   Operative part:

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Deutsche Post AG and DHL Express (Italy) Srl, formerly DHL
   International Srl, to pay the costs;

   3.

   Orders the Italian Republic to bear its own costs.