Invitation to submit comments on investigation of alleged State aid in favour of Post Danmark
The Commission has published in the Official Journal (OJ) the decision adopted on 30 June 2026 opening the in-depth investigation procedure regarding alleged State aid to Post Danmark.
The Commission had found in 2018 that a EUR 134 million (DKK 1 billion) capital injection from PostNord Group AB into Post Danmark did not constitute State aid. Following an action for annulment (case T-561/18, ITD and Danske Fragtmænd v Commission), the General Court partially annulled that decision.
With the decision adopted on 30 June 2026, the Commission has opened the formal investigation procedure to assess whether the capital injection is imputable to the Danish and Swedish States because of i) the organic links between the States and PostNord AB, ii) the nature of PostNord AB’s activities, iii) the supervision and control exercised by the States over the capital injection approved by PostNord AB, through the existence of a dialogue between PostNord AB’s Board of Directors and the States, and iv) other indicators which could point to a potential involvement of the States in the capital injection, such as the amount of the capital injection.
In addition, the Commission will assess whether the capital injection is market-conform, meaning that it complies with the market economy operator principle (MEOP). Thirdly, the Commission will assess whether the measure can be considered compatible with the internal market.
Interested parties are invited to submit their comments within one month of the publication of the measure in the Official Journal. Clayton & Segura can help you with the preparation and submission.
For more information, see the publication in the OJ and our previous PR.