21.3.2016

EN

Official Journal of the European Union

C 106/44

(Case T-43/16)

(2016/C 106/52)

Language of the case: English

Parties

Applicant: 1&1 Telecom GmbH (Montabaur, Germany) (represented by: J. Murach, lawyer and P. Alexiadis, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Commission of 19 November 2015, adopted by the Director General for Competition in relation to the implementation of the Non-MNO Remedy in Case COMP/M.7018 — Telefónica Deutschland/E-Plus (the ‘Merger decision’), which declared the Self-Commitment Letter in line with the Final Commitments and with EU law;

—order the Commission to request that TEF DE issues a new Self-Commitment letter that is strictly limited to the obligation required from it, as set out in paragraph 78 of the Final Commitments approved by the merger decision;

—order the Commission to bear its own costs and those of the applicant, in accordance with Article 87 of the Consolidated Version of the Rules of Procedure of the General Court.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging that, in adopting the decision, the Commission engaged in manifest errors of law because the Treaties, the European Union Merger Regulation (‘EUMR’), the Merger decision and the Final Commitments do not leave any room for Clause 2.3 of the Self-Commitment letter as accepted by the decision.

2.Second plea in law, alleging that the Commission, in adopting its decision, misused its powers by taking account considerations unrelated to competition, in breach of the Treaties, the EUMR and the Merger decision.