CELEX: 62016TN0043
Language: en
Date: 2016-01-29 00:00:00
Title: Case T-43/16: Action brought on 29 January 2016 — 1&1 Telecom v Commission

21.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/44
            
         Action brought on 29 January 2016 — 1&1 Telecom v Commission
   (Case T-43/16)
   (2016/C 106/52)
   Language of the case: English
   
      Parties
   
   
      Applicant: 1&1 Telecom GmbH (Montabaur, Germany) (represented by: J. Murach, lawyer and P. Alexiadis, Solicitor)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the European Commission of 19 November 2015, adopted by the Director General for Competition in relation to the implementation of the Non-MNO Remedy in Case COMP/M.7018 — Telefónica Deutschland/E-Plus (the ‘Merger decision’), which declared the Self-Commitment Letter in line with the Final Commitments and with EU law;
            
         
               —
            
            
               order the Commission to request that TEF DE issues a new Self-Commitment letter that is strictly limited to the obligation required from it, as set out in paragraph 78 of the Final Commitments approved by the merger decision;
            
         
               —
            
            
               order the Commission to bear its own costs and those of the applicant, in accordance with Article 87 of the Consolidated Version of the Rules of Procedure of the General Court.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on two pleas in law.
   
               1.
            
            
               First plea in law, alleging that, in adopting the decision, the Commission engaged in manifest errors of law because the Treaties, the European Union Merger Regulation (‘EUMR’), the Merger decision and the Final Commitments do not leave any room for Clause 2.3 of the Self-Commitment letter as accepted by the decision.
            
         
               2.
            
            
               Second plea in law, alleging that the Commission, in adopting its decision, misused its powers by taking account considerations unrelated to competition, in breach of the Treaties, the EUMR and the Merger decision.