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Case C-202/07 P: Judgment of the Court (First Chamber) of 2 April 2009 — France Télécom SA v Commission of the European Communities (Appeals — Abuse of dominant position — Market for services in high-speed Internet access — Predatory pricing — Recoupment of losses — Right to align)
ECLI:EU:UNKNOWN:62007CA0202
62007CA0202
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Official Journal of the European Union
C 141/2
(Case C-202/07 P)
(Appeals - Abuse of dominant position - Market for services in high-speed Internet access - Predatory pricing - Recoupment of losses - Right to align)
2009/C 141/03
Language of the case: French
Parties
Applicant: France Télécom SA (represented by: J. Philippe, H. Calvet, O.W. Brouwer, T. Janssens, lawyers)
Other party to the proceedings: Commission of the European Communities (represented by: E. Gippini Fournier, Agent)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 30 January 2007 in Case T-340/03 France Télécom v Commission, in which the Court dismissed France Télécom’s appeal against the Commission Decision of 16 July 2003 relating to a proceeding under Article 82 EC (Case COMP/38.233 — Wanadoo Interactive) — Market for services in high-speed internet access (ADSL) — Abuse of a dominant position — Concept of predatory pricing, alignment of prices with those of competitors and recoupment of losses suffered
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders France Télécom SA to pay the costs.
(1) OJ C 170, 21.7.2007.