Judgment_paragraph 71 · MCI, Inc. v Commission of the European Communities (T-310/00)

71The applicant further submits that, in so far as the Commission took the view that the proposed concentration could be withdrawn only if the parties formally rescinded the merger agreement, it acted unreasonably, disproportionately, contrary to its own administrative practice and, accordingly, contrary to the principle of the protection of legitimate expectations (Case 344/85 Fernere San Carlo v Commission [1987] ECR 4435, Case 129/87 Fingruth [1988] ECR 6121, paragraphs 14 to 16, and Case 14/88 Italy v Commission [1989] ECR 3677, paragraphs 28 to 31). The applicant considers that, following their letter of 27 June 2000, the notifying parties had a legitimate expectation that the Commission would not adopt a decision addressing the merits of the notified concentration, in accordance with its past administrative practice made public in a score of other cases.