Judgment — ECLI:EU:T:2018:665
Date: 2018-10-09
Language of the case: German
Court formation: Third Chamber
Subject matter: Competition;Concentrations between undertakings
Procedure: Action for annulment - inadmissible
Origin: Germany

summary form in the Official Journal of the European Union — Included (Art. 263, sixth para. TFEU) (see paras 63-65) 8. Judicial proceedings — Time limit for instituting proceedings — Claim barred by lapse of time — Excusable error — Concept (see paras 72, 77) Re: Action based on Article 263 TFEU and seeking, inter alia, annulment of the purported decisions of the Commission contained in the emails of 11 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 The Court: 1. Dismisses the action; 2. Declares that there is no need to adjudicate on the applications for leave to intervene submitted by Telefónica Deutschland Holding AG and by Drillisch AG; 3. Orders Multiconnect GmbH to bear its own costs and to pay the costs incurred by the European Commission; 4. Orders Telefónica Deutschland Holding to bear its own costs relating to the application for leave to intervene; 5. Orders Drillisch to bear its own costs relating to the application for leave to intervene.