Language of document :

Appeal brought on 18 June 2019 by Qualcomm, Inc., Qualcomm Europe, Inc. against the judgment of the General Court (Second Chamber) delivered on 9 April 2019 in Case T-371/17: Qualcomm and Qualcomm Europe v Commission

(Case C-466/19 P)

Language of the case: English

Parties

Appellants: Qualcomm, Inc., Qualcomm Europe, Inc. (represented by: M. Pinto de Lemos Fermiano Rato, advogado, M. Davilla, dikigoros)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:

set aside the judgment under appeal;

annul Commission Decision C(2017) 2258 final of 31 March 2017 relating to a proceeding pursuant to Article 18(3) and to Article 24(1)(d) of Council Regulation (EC) No 1/20031 in Case AT.39711 – Qualcomm (Predation) (the “Decision”);

in the alternative, refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice, and

order the European Commission to pay the appellant’s costs before the Court of Justice and the General Court.

Pleas in law and main arguments

First plea in law: the General Court failed to address arguments raised by the appellant.

Second plea in law: the finding that the Decision was adequately reasoned is based on manifest errors of fact, of law and inadequate reasoning.

Third plea in law: the finding that the information requested by the Decision was necessary is based on manifest errors of law and fact, a distortion of the evidence, inadequate reasoning, and a failure to consider all the relevant evidence.

Fourth plea in law: the finding that the information requested by the Decision was proportionate is based on manifest errors of fact, a distortion of the evidence, and inadequate reasoning.

Fifth plea in law: the General Court misapplied the rules governing the burden of proof regarding alleged infringements of Article 102 TFEU.

Sixth plea in law: the General Court made findings that infringe the right to avoid self-incrimination.

____________

1 Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003, L 1, p. 1).