Case T- 486/11 Orange Polska v Commission (refusal to supply) [Archived]
Case T- 486/11 Orange Polska v Commission (refusal to supply) [Archived]

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

  • Case T- 486/11 Orange Polska v Commission (refusal to supply) [Archived]
  • Case facts
  • Timeline
  • Related/relevant cases

Case T- 486/11 Orange Polska v Commission (refusal to supply) [Archived]

CASE HUB (appeal lodged by Orange Polska at Court of Justice in Case C- 123/16)

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 17 December 2015; it is no longer maintained.

See further: timeline and related/relevant cases

Case facts

OutlineAppeal to the General Court seeking annulment or reduction in fines regarding the Commission's decision of 22 June 2011 finding an abuse of a dominant position contrary to Article 102 TFEU and imposing a fine of €127.55m on Telekomunikacja Polska (now Orange Polska) for allegedly refusing to supply rival operators with wholesale broadband Internet access between August 2005 and October 2009.

On 17 December 2016, the General Court dismissed Orange Polska's action in its entirety.

This matter focuses (amongst other things) on issues regarding the calculation of fines, competency of the Commission to impose sanctions as well as procedural protections/requirements which have implications for the rights of defence.

PartiesApplicant: Telekomunikacja Polska SA (Telekomunikacja Polska, now Orange Polska)

Defendant: European Commission

Orange Polska (formerly Telekomunikacja Polska) is a Polish telecommunications provider established in December 1991 and is publicly listed on the Warsaw Stock Exchange (with a controlling stake owned by Orange SA). At the material time, Telekomunikacja Polska was the incumbent telecom operator in Poland (established as the state
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