11.8.2012
EN
Official Journal of the European Union
C 243/10
Appeal brought on 13 June 2012 by Telefónica S.A. and Telefónica de España, S.A.U. against the judgment of the General Court (Eighth Chamber) delivered on 29 March 2012 in Case T-336/07 Telefónica and Telefónica de España v Commission
(Case C-295/12 P)
2012/C 243/19
Language of the case: Spanish
Parties
Appellants: Telefónica S.A. and Telefónica de España, S.A.U. (represented by: F. González Díaz and J. Baño Fos, abogados)
Other parties to the proceedings: European Commission, France Telecom España, S.A., Asociación de Usuarios de Servicios Bancarios (Ausbanc Consumo) and European Competitive Telecommunications Association
Form of order sought
The appellants claim that the Court of Justice should:
—
Primarily ,
set aside, in its entirety or in part, the judgment of the General Court of 29 March 2012 in Case T-336/07 Telefónica and Telefónica de España v Commission;
on the basis of the information at its disposal, annul, in its entirety or in part, the decision of the European Commission of 4 July 2007 in Case COMP/38.784 — Wanadoo España v Telefónica;
revoke or reduce the fine pursuant to Article 261 TFEU;
revoke or reduce the fine as a result of the unjustifiable duration of the proceedings before the General Court; and
order the Commission and the parties intervening in support of the Commission to pay the costs of both these proceedings and those before the General Court.
—
In the alternative, if the above is not possible at this stage of the proceedings,
set aside the judgment of the General Court and refer the case back to the General Court for it to be reheard in the light of the issues of law settled by the Court of Justice;
revoke or reduce the fine pursuant to Article 261 TFEU; and
order the Commission and the parties intervening in support of the Commission to pay the costs of both these proceedings and those before the General Court.
—
In any event,
grant access, pursuant to Article 15 TFEU, to the transcript or recording of the oral hearing which took place before the General Court on 23 May 2011, and hold an oral hearing.
Grounds of appeal and main arguments
The appellants claim that the General Court:
1.
Infringed Telefónica’s rights of defence:
—
as a result of the disproportionate duration of the proceedings;
