15.11.2021 |
EN |
Official Journal of the European Union |
C 462/35 |
Judgment of the General Court of 22 September 2021 — Altice Europe v Commission
(Case T-425/18) (1)
(Competition - Concentrations - Telecommunications sector - Decision imposing fines for putting into effect a concentration before it has been notified and authorised - Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 - Legal certainty - Legitimate expectations - Principle of legality - Presumption of innocence - Proportionality - Gravity of the infringements - Implementation of the infringements - Exchange of information - Amount of fines - Unlimited jurisdiction)
(2021/C 462/41)
Language of the case: English
Parties
Applicant: Altice Europe NV (Amsterdam, Netherlands) (represented by: R. Allendesalazar Corcho and H. Brokelmann, lawyers)
Defendant: European Commission (represented by: M. Farley and F. Jimeno Fernández, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: S. Petrova and O. Segnana, acting as Agents)
Re:
Application based on Article 263 TFEU seeking, primarily, annulment of Commission Decision C(2018) 2418 final of 24 April 2018 imposing fines for putting into effect a concentration in breach of Article 4(1) and Article 7(1) of Regulation (EC) No 139/2004 (Case M.7993 — Altice/PT Portugal), and, in the alternative, annulment or reduction of the fines imposed on the applicant.
Operative part of the judgment
The Court:
1. |
Sets the amount of the fine imposed on Altice Europe NV by Article 4 of European Commission Decision C(2018) 2418 final of 24 April 2018 imposing a fine for putting into effect a concentration in breach of Article 4(1) and Article 7(1) of Regulation (EC) No 139/2004 (Case M.7993 — Altice/PT Portugal) for infringement of Article 4(1) of that regulation at EUR 56 025 000; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders Altice Europe to bear its own costs and to pay four fifths of the costs of the Commission; |
4. |
Orders the Council of the European Union to bear its own costs. |