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Case T-48/04: Judgment of the Court of First Instance of 19 June 2009 — Qualcomm v Commission (Competition — Concentrations — Market for traffic telematics systems — Decision declaring a concentration compatible with the common market — Commitments — Manifest error of assessment — Misuse of powers — Obligation to state the reasons on which the decision is based)
ECLI:EU:UNKNOWN:62004TA0048
62004TA0048
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Official Journal of the European Union
C 180/41
(Case T-48/04) (1)
(Competition - Concentrations - Market for traffic telematics systems - Decision declaring a concentration compatible with the common market - Commitments - Manifest error of assessment - Misuse of powers - Obligation to state the reasons on which the decision is based)
2009/C 180/74
Language of the case: English
Parties
Applicant: Qualcomm Wireless Business Solutions Europe BV (Waarle, Netherlands) (represented by: G. Berrisch, lawyer, and D. Hull, Solicitor)
Defendant: Commission of the European Communities (represented initially by: K. Mojzesowicz and A. Whelan, and subsequently by K. Mojzesowicz and X. Lewis, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented initially by: C.-D. Quassowski and S. Flockermann, acting as Agents, and subsequently by M. Lumma, acting as Agent, and by U. Karpenstein and A. Rosenfeld, lawyer); Deutsche Telekom AG (Bonn, Germany); Daimler AG, formerly DaimlerChrysler AG (Stuttgart, Germany); Daimler Financial Services AG, formerly DaimlerChrysler Services AG (Berlin, Germany) (represented by J. Schütze and A. von Graevenitz, lawyers)
Re:
Annulment of Commission Decision 2003/792/EC of 30 April 2003 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2903 — DaimlerChrysler/Deutsche Telekom/JV) (OJ 2003 L 300, p. 62)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Qualcomm Wireless Business Solutions Europe BV to bear its own costs and to pay those incurred by the Commission;
3.Orders the Federal Republic of Germany to bear its own costs;
4.Orders Deutsche Telekom AG, Daimler AG and Daimler Financial Services AG to bear their own costs.
(1) OJ C 94, 17.4.2004.