The Advocate General Wathelet proposes to the EU Court of Justice to annul a judgement of the EU General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica)

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised, but in many cases the courts have largely left untouched the Commission’s exercise of its discretion in setting fines. In one recent case, Chalkor [1]. However, the movement towards effective judicial review has received a boost from a remarkable Opinion issued on 26 September 2013 in Telefónica [2]. Advocate General Wathelet calls on the General Court to exercise fully its unlimited jurisdiction when reviewing the proportionality of fines. The opinion is written in unusually stringent terms. Telefónica appealed the Commission decision before the General Court

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  • General Court of the European Union (Luxembourg)
  • White & Case (Brussels)
  • White & Case (Brussels)

Quotation

Ian Forrester, Jacquelyn F. MacLennan, Axel P. Schulz, The Advocate General Wathelet proposes to the EU Court of Justice to annul a judgement of the EU General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica), 26 September 2013, e-Competitions September 2013, Art. N° 66692

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