Case T- 402/13 Orange v Commission (contesting inspections) [Archived]
Case T- 402/13 Orange v Commission (contesting inspections) [Archived]

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

  • Case T- 402/13 Orange v Commission (contesting inspections) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 25 November 2014; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline Appeal to the General Court seeking annulment of the Commission's decisions of 25 and 27 June 2013 ordering France Télécom, Orange and all the companies directly or indirectly controlled by them to submit to an inspection (in accordance with Article 20(4) of Regulation 1/2003) in furtherance of a Commission investigation into a suspected abuse of dominance in the Internet connectivity services. Telecoms operators Deutsche Telekom and Telefónica were also subjected to unannounced inspections as part of the investigation. The General Court issued its judgment on 25 November 2014.

On 3 October 2014, the Commission announced that it had closed the investigation without taking any action. It reached a provisional decision that Article 102 TFEU had not been breached—there was no evidence of behaviour aimed at foreclosing transit services from the market or of providing an unfair advantage to the operators' own proprietary content services. However, the Commission confirmed that it would keep the sector under review. 

The case focuses on the Commission's powers of investigation in terms of ordering and carrying out inspections as well