Case T- 210/15 Deutsche Telekom v Commission (access to documents) [Archived]
Case T- 210/15 Deutsche Telekom v Commission (access to documents) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 210/15 Deutsche Telekom v Commission (access to documents) [Archived]
  • Case facts
  • Timeline
  • Related/relevant cases

CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 28 March 2017; it is no longer maintained.

See further: timeline and related/relevant cases

Case facts

ARCHIVE—28/03/2017

Outline Appeal to the General Court seeking annulment of the Commission's decision of 17 February 2015 decision rejecting Deutsche Telekom's request for access to documents in relation to an investigation into suspected abuse of dominance in Internet connectivity services (COMP/AT.40089—Deutsche Telekom). Deutsche Telekom had requested access (shortly after the Commission’s decision to close its Article 102 TFEU investigation in October 2014) in order to understand the reasons and motivation behind the Commission’s ultimately aborted review. As part of this, Deutsche Telekom sought access to internal Commission documents as well as input/communications from third parties.

On 28 March 2017, the General Court dismissed Deutsche Telekom’s action for annulment in its entirety, in particular confirming that the Commission did not misapply the provisions under Article 4 of Regulation No 1049/2001 when refusing Deutsche Telekom’s request for access to the Commission documents and file.

This case focuses on the application of the exceptions to disclosure contained in the Regulation No 1049/2001 (otherwise known as the 'Transparency Regulation'). Any EU citizen or natural/legal person residing (or having its registered office)