Judgment of the Court of First Instance of 9 September 2009 — Clearstream v Commission

(Case T-301/04) (1)

(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)  OJ C 262, 23.10.2004.