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Case T-425/18: Judgment of the General Court of 22 September 2021 — Altice Europe v Commission (Competition — Concentrations — Telecommunications sector — Decision imposing fines for putting into effect a concentration before it has been notified and authorised — Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 — Legal certainty — Legitimate expectations — Principle of legality — Presumption of innocence — Proportionality — Gravity of the infringements — Implementation of the infringements — Exchange of information — Amount of fines — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62018TA0425
62018TA0425
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15.11.2021
Official Journal of the European Union
C 462/35
(Case T-425/18) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Concentrations - Telecommunications sector - Decision imposing fines for putting into effect a concentration before it has been notified and authorised - Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 - Legal certainty - Legitimate expectations - Principle of legality - Presumption of innocence - Proportionality - Gravity of the infringements - Implementation of the infringements - Exchange of information - Amount of fines - Unlimited jurisdiction)
(2021/C 462/41)
Language of the case: English
Parties
Applicant: Altice Europe NV (Amsterdam, Netherlands) (represented by: R. Allendesalazar Corcho and H. Brokelmann, lawyers)
Defendant: European Commission (represented by: M. Farley and F. Jimeno Fernández, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: S. Petrova and O. Segnana, acting as Agents)
Re:
Application based on Article 263 TFEU seeking, primarily, annulment of Commission Decision C(2018) 2418 final of 24 April 2018 imposing fines for putting into effect a concentration in breach of Article 4(1) and Article 7(1) of Regulation (EC) No 139/2004 (Case M.7993 — Altice/PT Portugal), and, in the alternative, annulment or reduction of the fines imposed on the applicant.
Operative part of the judgment
The Court:
1.Sets the amount of the fine imposed on Altice Europe NV by Article 4 of European Commission Decision C(2018) 2418 final of 24 April 2018 imposing a fine for putting into effect a concentration in breach of Article 4(1) and Article 7(1) of Regulation (EC) No 139/2004 (Case M.7993 — Altice/PT Portugal) for infringement of Article 4(1) of that regulation at EUR 56 025 000;
2.Dismisses the action as to the remainder;
3.Orders Altice Europe to bear its own costs and to pay four fifths of the costs of the Commission;
4.Orders the Council of the European Union to bear its own costs.
(<span class="oj-super">1</span>) OJ C 341, 24.9.2018.