In a landmark case, Gleiss Lutz has successfully represented Deutsche Telekom AG against the European Commission, obtaining a major victory at the Grand Chamber of the Court of Justice of the European Union (CJEU). The ruling confirms the General Court’s decision which mandated the European Commission to compensate Deutsche Telekom for interest on fines that were unduly collected. The Grand Chamber’s decision underscores the protection of entities against excessive and illegal fines imposed by the European Commission.
Deutsche Telekom had initially been fined by the European Commission but appealed the decision. The General Court partially sided with Deutsche Telekom and reduced the fine imposed on Deutsche Telekom. The Commission paid back the nominal amount of the fine, but refused to pay interest on the repaid amount. Deutsche Telekom lodged an appeal against this decision and a claim for damages against the Commission at the General Court. The General Court partially upheld this claim. The Commission appealed this judgment to the CJEU. The Grand Chamber of the CJEU decisively dismissed the Commission’s appeal, fully confirming Deutsche Telekom’s stance.
The following Gleiss Lutz team has advised and represented Deutsche Telekom AG: Dr. Christian von Köckritz (lead, partner), Dr. Ulrich Soltész (partner, both Brussels), Dr. Petra Linsmeier (partner, Munich) and Philipp Lohs (all Competition/Antitrust, Brussels).
Gleiss Lutz regularly represents Deutsche Telekom in the German and EU courts.