Judgment_paragraph 75 · Dimosia Epicheirisi Ilektrismou AE (DEI) v European Commission (T-169/08)

75The Commission states that it based its conclusion finding infringement of the combined provisions of Article 86(1) EC and Article 82 EC on the judgments of the Court of Justice in Case C-202/88 France v Commission [1991] ECR I-1223; Case C-18/88 GB-Inno-BM [1991] ECR I-5941; Case C-163/96 Raso and Others [1998] ECR I-533; and Connect Austria. That case-law recognised the existence of an infringement of Article 86(1) EC, read in combination with Article 82 EC, when State measures distort competition by creating an inequality of opportunities between operators, without at the same time requiring the definition of an actual abusive practice – real or potential. Consequently, the Commission disputes the claim that it should also have established, beyond the inequality of opportunities, an actual abusive practice of the applicant.

Dimosia Epicheirisi Ilektrismou AE (DEI) v European Commission (T-169/08)

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