Commission v. Deutsche Telekom (C-221/22 P): interest on returned fines finally clear?

This case note article examines the judgment of the Court of Justice of the European Union (Grand Chamber) in Case C-221/22 P Deutsche Telekom. In that judgment, the Court clarifies key aspects of the obligation to pay interest on returned fines, as well as the liability of the European Union in damages for violations of that obligation. The judgment is situated within the broader context of competition-law enforcement, specifically the power of the European Commission to impose fines on undertakings for abuses of dominance and anti-competitive agreements. Although the earlier case law had recognised the existence of an obligation to pay interest on refunded fines, in Deutsche Telekom, the Commission declined to act accordingly after the partial annulment of a fine that had been paid to it provisionally. In this case, as well as in others, the Commission advanced various arguments to avoid both the payment of interest and damages liability for the unpaid amounts. This contribution explains the Deutsche Telekom judgment in its legal context, highlighting its significance in confirming the prior case law, in supporting the reasoning of the General Court, and in resolving the lingering uncertainty about the obligation to pay interest on returned fines.