Order of the General Court (First Chamber) of 21 January 2020 –

Telefónica and Telefónica de España v Parliament and Council

(Case T‑162/19)

(Action for annulment — Internal market for electronic communications — Retail price charged to consumers for regulated intra-EU communications — Regulation (EU) 2018/1971 — Legislative act — Applicants not individually concerned — Inadmissibility)

1. Action for annulment — Natural or legal persons — Concept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEU — Any act of general scope other than legislative acts — Regulation instituting price caps for regulated intra-EU communications — Regulation adopted in accordance with the ordinary legislative procedure — Precluded (Arts 114, 263, fourth para., 289(1) and (3) and 294 TFEU; European Parliament and Council Regulation 2018/1971) (see paras 16-22)

2. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Person individually affected by a measure general in character — Conditions (Art. 263, fourth para. TFEU) (see paras 32-34)

3. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Criteria — Regulation instituting price caps for regulated intra-EU communications — Action brought by a provider of regulated intra-EU communications — Not individually concerned — Inadmissibility (Art. 263, fourth para. TFEU; European Parliament and Council Regulation 2018/1971) (see paras 41-50, 52)

4. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Conditions cumulative in nature — Inadmissibility of the action where just one of those conditions not met (Art. 263, fourth para. TFEU; European Parliament and Council Regulation 2018/1971) (see paras 51, 53)

5. Fundamental rights — Right to effective judicial protection — Review of legality of EU measures — Procedures — Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure — Possibility of using an annulment action or reference for a preliminary ruling on validity (Art. 6(1), third para. TEU; Art. 263, fourth para. TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7)) (see paras 56, 57)

Re:

Application on the basis of Article 263 TFEU for the partial annulment of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ 2018 L 321, p. 1).

Operative part

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the applications to intervene of the Kingdom of the Netherlands and the European Commission.

3. Telefónica, SA and Telefónica de España, SAU shall bear their own costs and shall pay the costs incurred by the European Parliament and the Council of the European Union, with the exception of those relating to the applications to intervene.