10.11.2007   

EN

Official Journal of the European Union

C 269/55

Action brought on 10 September 2007 — Telefónica and Telefónica de España v Commission

(Case T-336/07)

(2007/C 269/100)

Language of the case: Spanish

Parties

Applicants: Telefónica, S.A. and Telefónica de España, S.A. (Madrid) (represented by: F.-E. González Díaz and S. Sorinas Jimeno, lawyers)

Defendants: Commission of the European Communities

Form of order sought

—

annul under Article 230 of the EC Treaty the Decision of the Commission of the European Communities of 4 July 2007 in Case COMP/38.784 — Wanadoo España vs. Telefónica;

—

in the alternative, annul or reduce under Article 229 of the EC Treaty the amount of the fine imposed on it under that decision;

—

in any event, order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The present action is directed against the Decision of 4 July 2007 relating to proceedings under Article 82 of the EC Treaty (Case COMP/38.784 — Wanadoo España vs. Telefónica) under which the Commission imposed a fine of EUR 151 875 000 on Telefónica, S.A., jointly and severally with Telefónica de España, in respect of alleged margin squeeze.

In support of their claims, the applicants submit:

—

infringement of the rights of defence, by basing the decision on various matters of fact which were not communicated during the administrative procedure and on which the applicants were not given the opportunity to comment;

—

that the Commission committed a number of manifest errors of assessment relating to: