Key facts of the case:
(Article 102 TFEU — Abuse of dominant position — Spanish markets for access to broadband internet — Margin squeeze — Article 263 TFEU — Review of legality — Article 261 TFEU — Unlimited jurisdiction — Article 47 of the Charter — Principle of effective judicial protection — Review exercising powers of unlimited jurisdiction — Amount of the fine — Principle of proportionality — Principle of non-discrimination)
Results (sanctions) and key consequences of the case:
234. Under Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is unfounded, the Court is to make a decision as to costs. Under Article 138(1) of those rules, which apply to the procedure on appeal by virtue of Article 184(1) thereof, the unsuccessful party must be ordered to pay the costs if they have been applied for in the successful party’s pleadings.
235. Under Article 140(3) of the Rules of Procedure, the Court may order an intervener to bear its own costs.
236. As the appellants have been unsuccessful, they must be ordered to pay the costs, in accordance with the form of order sought by the Commission.
237. The interveners, France Telecom, Ausbanc Consumo and the ECTA must bear their own costs.
On those grounds, the Court (Fifth Chamber) hereby:
- Dismisses the appeal.
- Orders Telefónica SA and Telefónica de España SAU to pay the costs.
- Orders France Telecom España, SA, Asociación de Usuarios de Servicios Bancarios (Ausbanc Consumo) and the European Competitive Telecommunications Association to bear their own costs.