Judgment_paragraph 27 · Orange v European Commission (T-402/13)

27It must, however, be stated that to follow that line of argument would be tantamount to classifying an inspection as inappropriate because the alleged infringements to which it relates had already been the subject of an investigation at national level, which would be in direct contradiction to settled case-law according to which, as a rule, the Commission is not to be bound by a decision taken by a national court or a national body pursuant to Articles 101(1) TFEU and 102 TFEU. The Commission is therefore entitled to adopt at any time individual decisions under Articles 101 TFEU and 102 TFEU, even where an agreement or practice has already been the subject of a decision by a national court and the decision contemplated by the Commission conflicts with that national court’s decision (see judgments of 14 December 2000 in Masterfoods and HB, C‑344/98, ECR, EU:C:2000:689, paragraph 48; of 8 March 2007 in France Télécom v Commission, T‑339/04, ECR, EU:T:2007:80, paragraph 79; and of 10 April 2008 in Deutsche Telekom v Commission, T‑271/03, ECR, EU:T:2008:101, paragraph 120).