Judgment_paragraph 64 · European Commission v Deutsche Telekom AG (C-221/22 P)

64Similarly, the General Court did not err in law in rejecting the Commission’s arguments based on the provisions of Article 90 of Delegated Regulation No 1268/2012. As was rightly pointed out in paragraph 98 of the judgment under appeal, when the amount of ‘interest yielded’ within the meaning of Article 90(4) of that delegated regulation is lower than that of the interest payable under the obligation to pay compensation at a standard rate, or even where no interest is yielded since the return on the capital invested was negative, the Commission is nevertheless required, under the first paragraph of Article 266 TFEU, to pay to the party concerned the difference between the amount of any ‘interest yielded’, within the meaning of Article 90(4) of that delegated regulation, and the amount of interest owed for the period from the date of payment of the amount in question to the date of its repayment (see, to that effect, the judgment in Printeos, paragraphs 75 and 76).