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CJEU - C 295/12 P / Opinion

Telefónica and Telefónica de España v Commission
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General Wathelet
Type
Opinion
Decision date
26/09/2013

Carta dos Direitos Fundamentais da UE

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

Title VI: Justice

Article 49 - Principles of legality and proportionality of criminal offences and penalties

VIEW FULL CASE
  • CJEU - C 295/12 P / Opinion
    Key facts of the case:
     
    (Competition — Abuse of dominant position — Margin squeeze — Wholesale prices charged by Telefónica SA for broadband access in Spain — Fine — Commission under an obligation to state reasons — Method of calculation — Principle of non-discrimination — Principle of proportionality — Unlimited jurisdiction of the General Court)
     
    Results (sanctions) and key consequences of the case:
     
    175. In the light of the foregoing considerations, I propose that the Court should:
    1. Set aside the judgment of the General Court of 29 March 2012 in Case T‑336/07 Telefónica and Telefónica de España v Commission insofar as the General Court failed to exercise its powers of unlimited jurisdiction when examining the fine imposed by the European Commission on Telefónica SA and Telefónica de España SAU.
    2. Refer the case back to the General Court of the European Union. 
    3. Order that the costs be reserved.
  • Paragraphs referring to EU Charter

     

    22, 43, 109-116