TITRE.
The judgement of one interesting case will be made on 26 November. There are also two interesting hearings to look out for on Wednesday 25.a
Wednesday 25 November
- Oral arguments before the Court of Justice in case C-280/08 P, Deutsche Telekom v Commission. This appeal disputes the ruling by the Court of First Instance of 10 April 2008 in case T-271/03, which upheld the Commission's decision of 21 May 2003 against Deutsche Telekom for abuse of dominant position on markets for direct access to its fixed telephony network. By charging its competitors prices for wholesale access that are higher than its prices for retail access to the network, Deutsche Telekom allegedly distorted competition, in the form of a margin squeeze, by obliging its competitors to bill higher prices to their subscribers. The Commission fined the group 12.6 million. Deutsche Telekom claims it is not at fault, arguing that the German telecoms regulator has concluded on several occasions that there was no margin squeeze and that it was right to assume that its conduct was not anticompetitive. The firm maintains that an analysis of margin squeeze is inappropriate for proving the existence of abuse and that the Commission failed to correctly take into account the sector-specific regulation of the applicant's rates in setting the fine. It argues that the Court of First Instance failed to take all relevant factors into account and did not address sufficiently its arguments concerning the cancellation or reduction of the fine.
- Oral arguments before the Court of First Instance in case T-348/07, Al-Aqsa v Council. This is a new appeal against the measures taken by the Council under Regulation (EC) 2580/2001, implementing in the Union the resolutions adopted by the United Nations Security Council that establish a mechanism for freezing the funds of persons and entities suspected of having ties with terrorist organisations. The Al-Aqsa Foundation (based in Amsterdam, Netherlands) disputes the Council's decision of 28...
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