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Document 62013TN0208
Case T-208/13: Action brought on 9 April 2013 — Portugal Telecom v Commission
Case T-208/13: Action brought on 9 April 2013 — Portugal Telecom v Commission
Case T-208/13: Action brought on 9 April 2013 — Portugal Telecom v Commission
OJ C 164, 8.6.2013, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2013 |
EN |
Official Journal of the European Union |
C 164/22 |
Action brought on 9 April 2013 — Portugal Telecom v Commission
(Case T-208/13)
2013/C 164/38
Language of the case: Portuguese
Parties
Applicant: Portugal Telecom SGPS, SA (Lisbon, Portugal) (represented by: N. Mimoso Ruiz and R. Bordalo Junqueiro, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
— |
annul European Commission Decision C(2013) 306, and order the Commission to pay the costs of the proceedings and the costs incurred by the applicant; |
— |
in the alternative, reduce the fine imposed on the applicant in Article 2 of the Commission’s decision. |
Pleas in law and main arguments
It was found in the contested decision that Portugal Telecom and Telefónica S.A. infringed Article 101 TFEU in inserting a clause 9 in the agreement by which Telefónica S.A acquired a block of shares from Portugal Telecom in Brasilcel NV. The Commission interpreted that clause as a no-competition agreement independent of the transaction at issue.
In support of its action, Portugal Telecom relies on two pleas in law.
1. |
First plea in law, alleging an infringement of essential procedural requirements:
|
2. |
Second plea in law, alleging an infringement of the Treaty and of the law relating to its application:
|