Judgment_paragraph 93 · Deutsche Telekom AG v European Commission (T-610/19)

93In the second place, it must be observed that the deterrent function of fines must be reconciled with the principle of effective judicial protection laid down in Article 47 of the Charter of Fundamental Rights of the European Union. Compliance with that principle is ensured by means of the review of legality provided for in Article 263 TFEU, supplemented by the unlimited jurisdiction in respect of the amount of the fine, provided for in Article 31 of Regulation No 1/2003. The EU Courts have the power to perform a review of both the law and the facts, to assess the evidence, to annul the contested decision and to alter the amount of a fine (see, to that effect, judgment of 6 November 2012, Otis and Others, C‑199/11, EU:C:2012:684, paragraphs 62 and 63 and the case-law cited). It has also been held that, in order to satisfy the requirements of conducting a review exercising its powers of unlimited jurisdiction for the purpose of Article 47 of the Charter of Fundamental Rights with regard to the fine, the EU judicature is bound, in the exercise of the powers conferred by Articles 261 TFEU and 263 TFEU, to examine all complaints based on issues of fact and law which seek to show that the amount of the fine is not commensurate with the gravity or the duration of the infringement (judgments of 10 July 2014, Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 200, and of 26 September 2018, Infineon Technologies v Commission, C‑99/17 P, EU:C:2018:773, paragraph 195). Unlimited jurisdiction is an additional safeguard for undertakings (see, to that effect, judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 445; of 6 October 1994, Tetra Pak v Commission, T‑83/91, EU:T:1994:246, paragraph 235; and of 17 December 2015, Orange Polska v Commission, T‑486/11, EU:T:2015:1002, paragraph 91).

Deutsche Telekom AG v European Commission (T-610/19)

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