max.mobil Telekommunikation Service GmbH v Commission of the European Communities (T-54/99)

Judgment of 30 Jan 2002

law://eu/cjeu/1999/t-54-99/para_35@2026-11-14

35Those practices constitute an infringement of the combined provisions of Articles 86 and 90 of the EC Treaty. A State measure concerning a public undertaking such as Mobilkom infringes Article 90(1) of the EC Treaty where that measure obliges, encourages or induces that undertaking to commit an infringement of, in particular, Article 6 of the EC Treaty (now, after amendment, Article 12 EC) or of the competition rules. In the light of the GSM Italy Decision (paragraph 17) and the GSM Spain Decision (paragraph 21), that principle should be construed as meaning that measures which improve the competitive position of the public undertaking and distort competition are caught by Article 90 of the EC Treaty, without its being necessary for such measures to display a direct link with unfair conduct decided upon by the public undertaking itself (Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 24).

max.mobil Telekommunikation Service GmbH v Commission of the European Communities (T-54/99)

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