205The applicant submits that an infringement of Article 82 EC is ruled out because it is entrusted with the operation of services of general economic interest within the meaning of Article 86(2) EC, namely waste management for environmental purposes and, more precisely, the collection and recovery of packaging throughout Germany including in unprofitable rural areas (Case C-393/92 Almelo [1994] ECR I-1477, paragraph 47; Case C-209/98 Sydhavnens Sten & Grus [2000] ECR I-3743, paragraphs 75 and 76; and Case T-106/95 FFSA and Others v Commission [1997] ECR II-229, paragraph 72). That service of general economic interest has been entrusted to it by the German Länder as a result of the recognition of the DSD system under the 11th sentence of Paragraph 6(3) of the Ordinance. The contested decision threatens the carrying out, under economically acceptable conditions, of that service, since it destroys the signal effect of the mark Der Grüne Punkt and is likely to prevent it from disposing of waste throughout the country. Similarly, the contested decision infringes the duty to give the reasons upon which it is based, to which it is subject under Article 253 EC, since it does not deal with Article 86(2) EC.
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