The Luxembourg Court of Appeal declines jurisdiction in national competition matters (Tango and Tele 2/EPT)

Facts of the case In October 2006 the Luxembourg public undertaking Entreprise des Postes et Télécommunications (hereinafter “EPT”) launched a cessation action on the basis of the Luxembourg 2002 Trade Practices Act (“loi du 30 juillet 2002 réglementant certaines pratiques commerciales”) before the president of the District Court of Luxembourg against one of its main competitors on the Luxembourg telecommunications market, Tele2 (fixed telephony and internet) and its mobile phone operating subsidiary, Tango (hereinafter commonly referred to as “TT2”). More particularly, EPT's action was directed against the use by TT2 of the name “INTEGRAL PLUS”. TT2 used this name for their package offer for fixed/mobile telephone and internet services, whereas EPT offered a similar package deal under

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