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The CJEU Ruling in T-Mobile Austria v. TKK

The Right Balance Between Effective Judicial Protection and Uniform Application of EU Telecommunications Law? Annotation on the Judgment of the Court of Justice of the EU in Case C-282/13, T-Mobile Austria v. Telekom-Control-Kommission

Konstantinos Karathymios


On 22 January 2015, the Court of Justice of the European Union ("CJEU") delivered its judgment in Case C-282/13, T-Mobile Austria v. Telekom-Control-Kommission, following a preliminary reference from the Austrian Administrative Court as to whether Articles 4 and 9b of Directive 2002/21 ("Framework Directive") and Article 5(6) of Directive 2002/20 ("Authorisation Directive") grant a competitor in a national procedure under Article 5(6) of Directive 2002/20 the status of an “affected” undertaking for the purposes of Article 4(1) of Directive 2002/21. The main question was whether competitors have a right under Directive 2002/21 to appeal decisions of a National Regulatory Authority (“NRA”) following commitments imposed in a merger decision of the Commission. The CJEU ruled that T-Mobile Austria GmbH (“T-Mobile”), being a competitor of the parties to which the NRA’s decision was addressed, had standing if certain conditions applied, and could thus challenge the NRA’s decision. This was the third attempt of the CJEU to interpret and standardise locus standi within the meaning of Article 4(1) of the Framework Directive, as far as undertakings which are not themselves addressees of decisions of NRAs in procedures pursuant to Article 5(6) of the Authorisation Directive are concerned.

Attorney-at-Law, Athens; Legal Consultant, Commission for the Protection of Competition, Cyprus.

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