Judgment of the General Court of 9 October 2018 — 1&1 Telecom v Commission

(Case T-43/16) (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 427/47)

Language of the case: English

Parties

Applicant: 1&1 Telecom GmbH (Montabaur (Germany)) (represented by: J.O. Murach, lawyer, and P. Alexiadis, Solicitor)

Defendant: European Commission (represented by: N. Khan, M. Farley and C. Vollrath, acting as Agents)

Intervener in support of the defendant: Telefónica Deutschland Holding AG, (Munich, Germany), (represented by: M. Bauer, H.-J. Freund, B. Herbers and K. Baubkus, lawyers

Re:

Application under Article 263 TFEU for the annulment of the Commission’s alleged decision contained IN the letter of 19 November 2015 in relation 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 M.7018 Telefónica Deutschland v E-plus).

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.

Orders 1&1 Telecom GmbH to bear its own costs and those incurred by the European Commission and by Telefónica Deutschland Holding AG, with the exception of those incurred by the Commission in the context of the plea of inadmissibility rejected by the order of 22 June 2016, 1&1 Telecom v Commission (T-43/16, EU:T:2016:402).

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(1)  OJ C 106, 21.3.2016.