Case T-340/03: Judgment of the Court of First Instance of 30 January 2007 — France Télécom SA v Commission (Competition — Abuse of a dominant position — Market for services in high-speed internet access — Predatory pricing)
Date: 2007-03-24
Institutions: Court of First Instance
Subjects: European Commission, Internet access provider, action for annulment (EU), dominant position, fixing of prices, reduced price

24.3.2007

EN

Official Journal of the European Union

C 69/17

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 30 January 2007
— France Télécom SA v Commission

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, Agents)

(Case T-340/03) (1)

(Competition — Abuse of a dominant position — Market for
services in high-speed internet access — Predatory pricing)

Re:

(2007/C 69/39)

Language of the case: French

Parties

Applicant: France Télécom SA, formerly Wanadoo Interactive SA
(Paris, France) (represented by: O. Brouwer, H. Calvet, M. Pittie,
J. Philippe and T. Janssens, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: S. Rating and É. Gippini Fournier, Agents, and subse-
quently by É. Gippini Fournier)

Re:

Annulment of
the Commission decision of 16 July 2003,
concerning a proceeding under Article [82 EC] (Case COMP/
38.233 — Wanadoo Interactive) or, in the alternative, annul-
ment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 289, 29.11.2003.

Judgment of the Court of First Instance of 31 January 2007
— C v Commission

(Case T-166/04) (1)

(Officials — Enforcement of a judgment of the Court of First
Instance — Action for annulment — No need to adjudicate —
Action for damages — Breach of administrative duty — Loss
of opportunity)

Firstly, application for annulment of the implied decision to
reject the applicant's application for enforcement of the judg-
ment delivered by the Court of First
Instance on [confi-
dential] (2) in Case [confidential] and, in so far as necessary, the
decision to reject the applicant's complaint of 12 February 2004
and, secondly, application for compensation for material and
non-material damage allegedly suffered.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the claim for annul-

ment.

2. Orders the Commission to pay the applicant, Mr C, the sum of

EUR 15 000.

3. Orders the Commission to pay the costs.

(1) OJ C 179, 10.7.2004.
(2) Confidential information omitted.

Judgment of the Court of First Instance of 1 February 2007
— Commission v IAMA Consulting

(Case T-242/04) (1)

(Esprit Programme — Community financing — Counterclaim
brought pursuant to an arbitration clause — Reimbursement
of excessive amounts of aid paid by the Commission)

(2007/C 69/41)

Language of the case: Italian

(2007/C 69/40)

Parties

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. de March, acting as Agent, and A. Dal Ferro,
lawyer)

Applicant: C (Brussels, Belgium) (represented by: J. Sambon, P.-P.
Van Gehuchten and P. Reyniers, lawyers)

Defendant: IAMA Consulting Srl (Milan, Italy) (represented by:
initially by V. Salvatore, then P. Sorteni, lawyers)