Judgment of the General Court of 9 October 2018 — Mass Response Service v Commission

(Case T-885/16) (1)

(Action for annulment - Competition - Concentrations - Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany - Acquisition of E-plus by Telefónica Deutschland - Decision declaring the concentration to be compatible with the internal market and the EEA Agreement - Implementation of the non-MNO component of the Final Commitments - Acts against which no action may be brought - Inadmissibility)

(2018/C 427/59)

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 (represented by: N. Khan, M. Farley and C. Vollrath, acting as agents)

Re:

Application based on Article 263 TFEU and seeking, in particular, annulment of the alleged decisions of the Commission contained in the emails of 24 and 29 October 2016 relating to the implementation of the non-MNO remedy provided for in the Final Commitments made obligatory by Commission Decision C(2014) 4443 final of 2 July 2014 declaring a concentration to be compatible with the internal market and the EEA agreement, subject to compliance with certain commitments (Case COMP/M.7018 Telefónica Deutschland v E-plus).

Operative part of the judgment

The Court:

1.	Dismisses the action.

2.	Declares that there is no need to rule on the applications to intervene lodged by Telefónica Deutschland Holding AG and Drillisch AG.

3.	Orders Mass Response Service GmbH to bear its own costs and to pay those incurred by the European Commission.

4.	Orders Telefónica Deutschland Holding to bear its own costs relating to the application to intervene.

5.	Orders Drillisch AG to bear its own costs relating to the application to intervene.

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(1)  OJ C 38, 6.2.2017.