Judgment_paragraph 41 · Telefónica SA v European Commission (C-274/12 P)

41Telefónica submits that it is exposed on two counts to the risk of having to repay the aid received notwithstanding the Commission’s acknowledgment that it entertained legitimate expectations. First, the exception to the obligation to recover, laid down in Article 1(2) and (3) of the contested decision, is the subject of an action for annulment before the General Court, in Case T-207/10 Deutsche Telekom v Commission which is pending before it. If that action were to be successful, Telefónica could be obliged to repay the aid that it has received. Second, the finding in the contested decision that the rules concerning the amortisation of goodwill constituted unlawful aid enables third parties in competition with the beneficiaries of the aid to bring actions at national level in order to obtain compensation for any loss suffered.

Telefónica SA v European Commission (C-274/12 P)

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