The European Court of First Instance (CFI) has upheld an action by Deutsche Post challenging a Decision by the European Commission (Commission) not to open a formal investigation into aid by the Belgian public postal service operator, La Poste. In December 2002, Belgium notified the Commission of a proposal for a capital increase for La Poste. The European Commission took the view that the measure did not confer an advantage on La Poste and approved the aid without a formal investigation. Deutsche Post took an action before the CFI challenging this decision. A key issue was whether Deutsche Post could bring such an action before the CFI at all. The CFI took the view that Deutsche Post did not have standing (i.e. the right to take a case before the CFI) to challenge the grant of aid itself. However, it did have the right to challenge the Commission's decision not to open a formal investigation because had it done so, as a direct competitor, Deutsche Post would have had the right to submit observations. The CFI went on to consider whether the Commission had carried out an adequate investigation of whether the measure amounted to State aid. It concluded that the Commission should have opened a formal procedure and annulled the Commission's Decision.