# C_2019328EN.01005401.xml

| 30.9.2019 | EN | Official Journal of the European Union | C 328/54 |
| --- | --- | --- | --- |

30.9.2019

EN

Official Journal of the European Union

C 328/54

---

Order of the General Court of 9 July 2019 — VodafoneZiggo Group v Commission

(Case T-660/18) (1)

(Action for annulment - Electronic communications - Article 7 of Directive 2002/21/EC - Wholesale provision of fixed access - Joint significant market power - Specific regulatory obligations imposed on operators - Draft measure made accessible by the national regulatory authority - Comments of the Commission - Second phase of the procedure not opened - Act not open to challenge - Article 130 of the Rules of Procedure - Inadmissibility)

(2019/C 328/61)

Language of the case: English

Parties

Applicant: VodafoneZiggo Group BV (Utrecht, Netherlands) (represented by: W. Knibbeler and A. Pliego Selie, lawyers)

Defendant: European Commission (represented by: G. Braun and L. Nicolae, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of the decision allegedly contained in the letter of 30 August 2018 sent by the Commission to the Autoriteit Consument en Markt (Consumers and Markets Authority, Netherlands), the Dutch regulatory authority, containing its comments made pursuant to Article 7(3) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33), on a draft measure made accessible by that authority (Cases NL/2018/2099 and NL/2018/2100).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | There is no longer any need to rule on the applications for leave to intervene made by the Kingdom of the Netherlands or by T-Mobile Netherlands Holding BV, T-Mobile Netherlands BV, T-Mobile Thuis BV and Tele2 Nederland BV. |
| --- | --- |

2.

There is no longer any need to rule on the applications for leave to intervene made by the Kingdom of the Netherlands or by T-Mobile Netherlands Holding BV, T-Mobile Netherlands BV, T-Mobile Thuis BV and Tele2 Nederland BV.

| 3. | VodafoneZiggo Group BV shall bear its own costs and shall pay the costs incurred by the European Commission, with the exception of those relating to the applications for leave to intervene. |
| --- | --- |

3.

VodafoneZiggo Group BV shall bear its own costs and shall pay the costs incurred by the European Commission, with the exception of those relating to the applications for leave to intervene.

| 4. | VodafoneZiggo Group, the Commission, the Kingdom of the Netherlands, T-Mobile Netherlands Holding, T-Mobile Netherlands, T-Mobile Thuis and Tele2 Nederland shall each bear their own costs relating to the applications for leave to intervene. |
| --- | --- |

4.

VodafoneZiggo Group, the Commission, the Kingdom of the Netherlands, T-Mobile Netherlands Holding, T-Mobile Netherlands, T-Mobile Thuis and Tele2 Nederland shall each bear their own costs relating to the applications for leave to intervene.

---

(1)  OJ C 4, 7.1.2019.

---