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Case C-689/19 P: Judgment of the Court (Tenth Chamber) of 25 February 2021 — VodafoneZiggo Group BV v European Commission (Appeal — Electronic communications networks and services — Directive 2002/21/EC, as amended by Directive 2009/140/EC — Consolidating the internal market for electronic communications — Article 7(3) and (7) — Draft measure made accessible by the national regulatory authority — Wholesale fixed access market in the Netherlands — Joint significant market power — Comments of the European Commission communicated to the national regulatory authority — Obligation for the national regulatory authority to take the utmost account of them — Scope — Article 263 TFEU — Action for annulment — Admissibility — Challengeable act — Article 47 of the Charter of Fundamental Rights of the European Union)

ECLI:EU:UNKNOWN:62019CA0689

62019CA0689

February 25, 2021
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Official Journal of the European Union

C 138/7

(Case C-689/19 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Electronic communications networks and services - Directive 2002/21/EC, as amended by Directive 2009/140/EC - Consolidating the internal market for electronic communications - Article 7(3) and (7) - Draft measure made accessible by the national regulatory authority - Wholesale fixed access market in the Netherlands - Joint significant market power - Comments of the European Commission communicated to the national regulatory authority - Obligation for the national regulatory authority to take the utmost account of them - Scope - Article 263 TFEU - Action for annulment - Admissibility - Challengeable act - Article 47 of the Charter of Fundamental Rights of the European Union)

(2021/C 138/09)

Language of the case: English

Parties

Appellant: VodafoneZiggo Group BV (represented by: W. Knibbeler, A. Pliego Selie and B.A. Verheijen, advocaten)

Other party to the proceedings: European Commission (represented by: L. Nicolae and G. Braun, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders VodafoneZiggo Group BV to pay the costs.

(<span class="oj-super">1</span>) OJ C 372, 4.11.2019.

Language of the case: English

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