Judgment_paragraph 123 · Deutsche Telekom AG v European Commission (C-280/08 P)

123As a preliminary point, it must be noted that the present complaints, while repeating in part the arguments put before the General Court, are admissible in accordance with the case-law cited in paragraph 25 of the present judgment, because they criticise the General Court for having adopted an incorrect legal test in relation to the application of the condition that an infringement be negligent or intentional, and in relation to the review of the Commission’s observance of that condition in the light of its obligation to state reasons. Furthermore, it must be borne in mind that the question whether the grounds of a judgment of the General Court are adequate is a question of law which is amenable, as such, to judicial review on appeal (see, in particular, Joined Cases C-120/06 P and C-121/06 P FIAMM and FIAMM Technologies v Council and Commission [2008] ECR I-6513, paragraph 90).