Order of the General Court (First Chamber) of 21 January 2020 –Deutsche Telekom v Parliament and Council (Case T‑161/19)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62019TO0161_INF@2020-01-21/en
1. Action for annulmentNatural or legal personsConcept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEUAny act of general scope other than legislative actsRegulation instituting price caps for regulated intra-EU communicationsRegulation adopted in accordance with the ordinary legislative procedurePrecluded (Arts 114, 263, fourth para., 289(1) and (3) and 294 TFEU; European Parliament and Council Regulation 2018/1971) (see paras 16-22)
2. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themPerson individually affected by a measure general in characterConditions (Art. 263, fourth para. TFEU) (see paras 32-34)
3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themIndividual concernCriteriaRegulation instituting price caps for regulated intra-EU communicationsAction brought by a provider of regulated intra-EU communicationsNot individually concernedInadmissibility (Art. 263, fourth para. TFEU; European Parliament and Council Regulation No 2018/1971) (see paras 41-50, 52)
4. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themConditions cumulative in natureInadmissibility of the action where just one of those conditions not met (Art. 263, fourth para. TFEU) (see para. 51)
Re: Application on the basis of Article 263 TFEU for the partial annulment of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ 2018 L 321, p. 1). Operative part
1. The action is dismissed as inadmissible.
2. There is no longer any need to adjudicate on the applications to intervene of the Kingdom of the Netherlands and the European Commission.
3. Deutsche Telekom AG shall bear its own costs and shall pay the costs incurred by the European Parliament and the Council of the European Union, with the exception of those relating to the applications to intervene.
4. Deutsche Telekom, the Parliament, the Council, the Kingdom of the Netherlands and the Commission shall each bear their own respective costs relating to the applications to intervene.