CASE COMMENTS: PROCEDURES - EFFECTIVE JUDICIAL PROTECTION – REVIEW OF LEGALITY AND UNLIMITED JURISDICTION – CLARITY AND PRECISION REQUIREMENTS
Effective judicial protection : The Court of Justice of the European Union reminds the clarity and precision requirements that appeals should meet and continue its explanation work on the limits of the General Court’s judicial review of Commission’s decisions (Telefonica)
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In that case, the Commission had imposed on the applicant a fine more than ten times higher than those imposed four years earlier on similar undertakings for similar abusive conduct and on markets with similar characteristics. The Court of First Instance subsequently upheld that decision (Commission, 4/7/2007, Wanadoo España v Telefónica, Case COMP/38.784, Decision C(2007) 3196 final, Case C(2007) 3196 final). Trib. UE, Telefónica and Telefónica de España v Commission, Case T 336/07, EU:T:2012:172).
Clearly dissatisfied with the review carried out by the Court of First Instance, the appellant has raised, in the context of its appeal, countless arguments
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