Judgment of the Court (First Chamber) of 2 April 2009 — France Télécom SA v Commission of the European Communities

(Case C-202/07 P) (1)

(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

Appellant: 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)  OJ C 170, 21.7.2007.