CELEX: 62004TA0048
Language: en
Date: 2009-06-19 00:00:00
Title: Case T-48/04: Judgment of the Court of First Instance of 19 June 2009 — Qualcomm v Commission (Competition — Concentrations — Market for traffic telematics systems — Decision declaring a concentration compatible with the common market — Commitments — Manifest error of assessment — Misuse of powers — Obligation to state the reasons on which the decision is based)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/41
            
         Judgment of the Court of First Instance of 19 June 2009 — Qualcomm v Commission
   (Case T-48/04) (1)
   
   (Competition - Concentrations - Market for traffic telematics systems - Decision declaring a concentration compatible with the common market - Commitments - Manifest error of assessment - Misuse of powers - Obligation to state the reasons on which the decision is based)
   2009/C 180/74
   Language of the case: English
   
      Parties
   
   
      Applicant: Qualcomm Wireless Business Solutions Europe BV (Waarle, Netherlands) (represented by: G. Berrisch, lawyer, and D. Hull, Solicitor)
   
      Defendant: Commission of the European Communities (represented initially by: K. Mojzesowicz and A. Whelan, and subsequently by K. Mojzesowicz and X. Lewis, acting as Agents)
   
      Interveners in support of the defendant: Federal Republic of Germany (represented initially by: C.-D. Quassowski and S. Flockermann, acting as Agents, and subsequently by M. Lumma, acting as Agent, and by U. Karpenstein and A. Rosenfeld, lawyer); Deutsche Telekom AG (Bonn, Germany); Daimler AG, formerly DaimlerChrysler AG (Stuttgart, Germany); Daimler Financial Services AG, formerly DaimlerChrysler Services AG (Berlin, Germany) (represented by J. Schütze and A. von Graevenitz, lawyers)
   
      Re:
   
   Annulment of Commission Decision 2003/792/EC of 30 April 2003 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2903 — DaimlerChrysler/Deutsche Telekom/JV) (OJ 2003 L 300, p. 62)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Qualcomm Wireless Business Solutions Europe BV to bear its own costs and to pay those incurred by the Commission;
            
         
               3.
            
            
               Orders the Federal Republic of Germany to bear its own costs;
            
         
               4.
            
            
               Orders Deutsche Telekom AG, Daimler AG and Daimler Financial Services AG to bear their own costs.
            
         
      (1)  OJ C 94, 17.4.2004.