Der Grundsatz des effektiven gerichtlichen Rechtsschutzes und die Nachprüfungsbefugnis im System der gerichtlichen Kontrolle

On 10 July 2014, the ECJ has dismissed Telefónica’s appeal in its entirety. The fine of more than 151 Mio. Euro imposed by the Commission and upheld by the General Court therefore remains unchanged. The ECJ observes that the General Court did in fact carry out an in-depth review of the Commission’s decision in the light of the pleas in law put forward by Telefónica, which satisfied the requirements of a review exercising its powers of unlimited jurisdiction. Although the ECJ has dismissed the appeal, the ECJ substantiates in its judgment the right of unlimited jurisdiction pursuant to Article 47 of the Charter and the principle of effective judicial protection.