France Télécom SA v Commission of the European Communities (T-340/04)

Judgment of 8 Mar 2007

law://eu/cjeu/2004/t-340-04/para_146@2026-11-14

146As a preliminary matter, the Court must reject the applicants general argument that the failure to give reasons for the contested decision makes review of the proportionality of the contested decision impossible. It has been found above that the Commission did not fail in its obligation to state reasons. As to the principle of proportionality, which is one of the general principles of Community law, this requires that acts of Community institutions should not exceed the limits of what is appropriate and necessary to attain the aim pursued, and when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (Case C-331/88 Fedesa and Others [1990] ECR I-4023, paragraph 13, and Case C-180/00 Netherlands v Commission [2005] ECR I-6603, paragraph 103).

France Télécom SA v Commission of the European Communities (T-340/04)

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