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Case T-885/16: Action brought on 15 December 2016 — Mass Response Service v Commission
ECLI:EU:UNKNOWN:62016TN0885
62016TN0885
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Official Journal of the European Union
C 38/54
(Case T-885/16)
(2017/C 038/70)
Language of the case: German
Parties
Applicant: Mass Response Service GmbH (Vienna, Austria) (represented by: J.-M. Schultze, S. Pautke and C. Ehlenz, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the measures of the Commission through the merger control unit of the Directorate General for competition in the course of the implementation of the third requirement (‘non-MNO remedy’) of Decision M.7018, in particular its view expressed in the emails of 24 October 2016 and of 29 October 2016 that the non-MNO remedy is limited to pure service providers, excluding MVNOs (mobile virtual network operators) such as the applicant;
—in the alternative, annul Decision C(2014) 4443 final in Case M.7018;
—order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law which are essentially identical or similar to those relied on in Case T-884/16, Multiconnect v Commission.