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Case T-301/04: Judgment of the Court of First Instance of 9 September 2009 — Clearstream v Commission (Competition — Abuse of a dominant position — Financial services — Decision finding an infringement of Article 82 EC — Refusal to provide cross-border clearing and settlement services — Discriminatory pricing — Relevant market — Imputability of the infringement)
ECLI:EU:UNKNOWN:62004TA0301
62004TA0301
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24.10.2009
Official Journal of the European Union
C 256/21
(Case T-301/04)
(Competition - Abuse of a dominant position - Financial services - Decision finding an infringement of Article 82 EC - Refusal to provide cross-border clearing and settlement services - Discriminatory pricing - Relevant market - Imputability of the infringement)
2009/C 256/35
Language of the case: German
Parties
Applicants: Clearstream Banking AG (Frankfurt am Main, Germany) and Clearstream International SA (Luxembourg, Luxembourg) (represented by: H. Satzky and B. Maassen, lawyers)
Defendant: Commission of the European Communities (represented initially by: T. Christoforou, A. Nijenhuis and M. Schneider, and subsequently by A. Nijenhuis and R. Sauer, acting as Agents)
Re:
Application for annulment of Commission Decision C (2004) 1958 final of 2 June 2004, relating to a proceeding under Article 82 [EC] (Case COMP/38.096 — Clearstream (Clearing and Settlement)).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Clearstream Banking AG and Clearstream International to pay the costs.
(<span class="super">1</span>) OJ C 262, 23.10.2004.