Case T-328/03: Judgment of the Court of First Instance of  2 May 2006  — O2 (Germany) v Commission (Competition — Agreements, decisions and concerted practices — Notified agreement — Third generation of mobile telecommunications — Negative clearance — Individual exemption — Analysis of the situation in the absence of an agreement — Impact of the agreement on competition)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), action for annulment (EU), competition law, radio telecommunications

1.7.2006

EN

Official Journal of the European Union

C 154/15

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 2 May 2006 —
O2 (Germany) v Commission

Judgment of the Court of First Instance of 3 May 2006 —
Klaas v Parliament

(Case T-328/03) (1)

(Case T-393/04) (1)

(Competition — Agreements, decisions and concerted prac-
tices — Notified agreement — Third generation of mobile
telecommunications — Negative clearance — Individual
exemption — Analysis of the situation in the absence of an
agreement — Impact of the agreement on competition)

(Officials — Promotion — Article 45 of the Staff Regula-
tions — Carrying forward of promotion points to the new
grade after promotion — Transitional measures — Principle
of equal treatment)

(2006/C 154/40)

Language of the case: English

(2006/C 154/41)

Language of the case: German

Parties

(Munich,
Applicant: O2 (Germany) GmbH & Co. OHG,
Germany) (represented by: N. Green QC, K. Bacon, Barrister,
and by B. Amory and F. Marchini Camia, lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by: R. Wainwright, S. Rating and P. Oliver, and
subsequently by É. Gippini
Fournier, P. Hellström and
K. Mojzesowicz, Agents)

Re:

Application for annulment of Articles 2 and 3(a) of Commis-
sion Decision 2004/207/EC of 16 July 2003 relating to a
proceeding under Article 81 of the EC Treaty and Article 53 of
the EEA Agreement (Case COMP/38.369: T-Mobile Deutsch-
land/O2 Germany: Network Sharing Rahmenvertrag) (OJ 2004
L 75, p. 32)

Operative part of the judgment

The Court:

Parties

Applicant: Dirk Klaas (Heidelberg, Germany) (represented by: R.
Moos, lawyer)

Defendant: European Parliament (represented by: L. Knudsen
and U. Rösslein, Agents)

Re:

Application for, first, annulment of the Parliament's decision of
12 February 2004 to cancel the two promotion points awarded
to the applicant for the period preceding 1999 and also annul-
ment of the Parliament's decision of 30 June 2004 rejecting the
applicant's complaint on that point and, second, an order of
the Court that the two promotion points in question be carried
forward to the following years

1. Annuls Articles 2 and 3(a)

of Commission Decision
2004/207/EC of 16 July 2003 relating to a proceeding under
Article 81 of the EC Treaty and Article 53 of the EEA Agreement
(Case COMP/38.369: T-Mobile Deutschland/O2 Germany:
Network Sharing Rahmenvertrag) in so far as they imply that the
clauses referred to in those articles fall within the scope of Article
81 EC and Article 53 of the EEA Agreement;

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Commission to pay the costs.

2. Orders the parties to bear their own costs.

(1) OJ C 275, 15.11.2003.

(1) OJ C 6, 8.1.2005.