Special and exclusive rights: The ECJ puts an end to the max.mobil saga

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 22 February 2005, Commission v. T-Mobile Austria (max.mobil Telekommunikation Service), case C-141/02 P Practitioners called upon to advise public companies or their private competitors will undoubtedly read with interest the ECJ's ruling in the max.mobil case. And perhaps even with pleasure, since it does not have the usual aridity of appeal judgments. It is not uncommon for Member States' intervention in economic life to take the form of special or exclusive rights granted to an undertaking in a market. The EC Treaty acknowledges the existence of such rights, but makes them subject to the Community competition rules (Article 86(1)). It entrusts