European Commission v Deutsche Telekom AG (C-221/22 P)
law://eu/cjeu/2022/c-221-22/para_78@2026-11-12
Key facts
Court
Court of Justice · Grand Chamber
Case
C-221/22 P · ECLI:EU:C:2024:488
Decided
11 Jun 2024
Procedure
Action for annulment
Applicant
European Commission
Defendant
Deutsche Telekom AG
Rapporteur
Z. Csehi
Advocate General
A.M. Collins
Bench
15 judgesK. Lenaerts, L. Bay Larsen, A. Arabadjiev, C. Lycourgos, E. Regan, F. Biltgen, N. Piçarra, Z. Csehi, P.G. Xuereb, L.S. Rossi, N. Jääskinen, N. Wahl, I. Ziemele, J. Passer, D. Gratsias
78It is apparent from the case-law of the Court of Justice that, in order to determine the amount of the default interest that must be paid to an undertaking which paid a fine imposed by the Commission, following the annulment or reduction of that fine, the Commission must apply the rate set for that purpose by Delegated Regulation No 1268/2012 (see, to that effect, judgment of 5 September 2019, European Union v Guardian Europe and Guardian Europe v European Union, C‑447/17 P and C‑479/17 P, EU:C:2019:672, paragraph 56). The Court has also stated that it is not a reference to Article 90 of that delegated regulation, which does not mention any specific interest rate, but to Article 83 of that delegated regulation, which sets the interest rate for amounts receivable not repaid on the deadline (see, to that effect, the judgment in Printeos, paragraph 81).