CJEU Case C-165/19 P / Judgment

Slovak Telekom, a.s. v European Commission
Policy area
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Third Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Case C-165/19 P / Judgment

    Key facts of the case:

    Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Slovak market for broadband internet access services – Regulatory obligation on the part of operators with significant market power to grant access to the local loop – Conditions laid down by the incumbent operator for unbundled access by other operators to the local loop – Indispensability of the access – Margin squeeze – Costs – Competitor at least as efficient as the dominant undertaking – Rights of the defence.


    Outcome of the case:

    On those grounds, the Court (Third Chamber) hereby:

    1. Dismisses the appeal;
    2. Orders Slovak Telekom a.s., in addition to bearing its own costs, to pay those incurred by the European Commission.
  • Paragraphs referring to EU Charter

    80) As regards the complaint that the General Court erred in law by failing to acknowledge an infringement of the appellant’s rights of defence, it should be recalled that the rights of the defence are fundamental rights forming an integral part of the general principles of law whose observance the Court ensures (judgment of 25 October 2011, Solvay v Commission, C‑109/10 PEU:C:2011:686, paragraph 52 and the case-law cited). That general principle of EU law is enshrined in Article 41(2)(a) and (b) of the Charter of Fundamental Rights of the European Union and applies where the authorities are minded to adopt a measure which will adversely affect an individual (see, to that effect, judgment of 16 January 2019, Commission v United Parcel Service, C‑265/17 PEU:C:2019:23, paragraph 28 and the case-law cited).