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Case T-884/16: Judgment of the General Court of 9 October 2018 — Multiconnect v Commission (Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Measures against which no action may be brought — Inadmissibility)
ECLI:EU:UNKNOWN:62016TA0884
62016TA0884
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26.11.2018
Official Journal of the European Union
C 427/46
(Case T-884/16) (<span class="super note-tag">1</span>)
(Action for annulment - Competition - Concentrations - Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany - Acquisition of E-plus by Telefónica Deutschland - Decision declaring the concentration to be compatible with the internal market and the EEA Agreement - Implementation of the non-MNO component of the Final Commitments - Measures against which no action may be brought - Inadmissibility)
(2018/C 427/58)
Language of the case: German
Parties
Applicant: Multiconnect GmbH (Munich, Germany) (represented by: J.-M. Schultze, S. Pautke and C. Ehlenz, lawyers)
Defendant: European Commission (represented by: N. Khan, M. Farley and C. Vollrath, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking, inter alia, annulment of the purported decisions of the Commission contained in the emails of 11 and 29 October 2016 relating to the implementation of the non-MNO remedy provided for in the Final Commitments made obligatory by Commission Decision C(2014) 4443 final of 2 July 2014 declaring a concentration to be compatible with the internal market and the EEA Agreement, subject to compliance with certain commitments (Case COMP/M.7018 Telefónica Deutschland/E-plus).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Declares that there is no need to adjudicate on the applications for leave to intervene submitted by Telefónica Deutschland Holding AG and by Drillisch AG;
3.Orders Multiconnect GmbH to bear its own costs and to pay the costs incurred by the European Commission;
4.Orders Telefónica Deutschland Holding to bear its own costs relating to the application for leave to intervene;
5.Orders Drillisch to bear its own costs relating to the application for leave to intervene.
(<span class="super note-tag">1</span>) OJ C 38, 6.2.2017.