The EU Court of Justice sets aside the Court of First Instance decision clarifying the role of complainants in Article 86 procedures (T-Mobile Austria, max.mobil case)

"The Maxmobil Judgment: the Court of Justice clarifies the role of complainants in Article 86 procedures"* On 22 February 2005 the Court of Justice rendered a judgment in case C-141/02 P, Commission against T-Mobile Austria GmbH. The Court sets aside the judgment of the Court of First Instance (CFI) in Case T-54/99 max.mobil v. Commission [1]. In this judgment the CFI had acknowledged an obligation for the Commission to carry out a diligent examination of complaints which it receives under Article 86(3) of the Treaty and, in the relevant case, to inform the complainants of the reasons not to initiate proceedings against the Member State concerned. The CFI moreover considered that the Commission had complied with this obligation and therefore dismissed the action brought by the

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Christian Hocepied, The EU Court of Justice sets aside the Court of First Instance decision clarifying the role of complainants in Article 86 procedures (T-Mobile Austria, max.mobil case), 22 February 2005, e-Competitions Bulletin Telecom & Dominance, Art. N° 37302

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