CELEX: 62016TN0885
Language: en
Date: 2016-12-15 00:00:00
Title: Case T-885/16: Action brought on 15 December 2016 — Mass Response Service v Commission

6.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/54
            
         Action brought on 15 December 2016 — Mass Response Service v Commission
   (Case T-885/16)
   (2017/C 038/70)
   Language of the case: German
   
      Parties
   
   
      Applicant: Mass Response Service GmbH (Vienna, Austria) (represented by: J.-M. Schultze, S. Pautke and C. Ehlenz, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the measures of the Commission through the merger control unit of the Directorate General for competition in the course of the implementation of the third requirement (‘non-MNO remedy’) of Decision M.7018, in particular its view expressed in the emails of 24 October 2016 and of 29 October 2016 that the non-MNO remedy is limited to pure service providers, excluding MVNOs (mobile virtual network operators) such as the applicant;
            
         
               —
            
            
               in the alternative, annul Decision C(2014) 4443 final in Case M.7018;
            
         
               —
            
            
               order the Commission to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on two pleas in law which are essentially identical or similar to those relied on in Case T-884/16, Multiconnect v Commission.