ent, 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 recognized 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.

28:T4fd,

This note examines the Court of Justice's ruling in the Alchaster case concerning judicial authorities’ assessment of the risk of a breach of fundamental rights following surrender to the United Kingdom. The Court of Justice denied the application of the principle of mutual trust to the surrender procedure established by the Trade and Cooperation Agreement, despite having applied the principle to the surrender agreement with Norway and Iceland. A ‘particular’ reason for the inapplicability of mutual trust is that the UK is not part of the ‘European area without internal borders’. Norway is part of that area by virtue of implementing the Schengen acquis and participating in the internal market through the EEA Agreement. The Court ruled that the UK does not have ‘as special’ a relationship with the EU as Norway does. Since the principle of mutual trust does not apply to the TCA surrender procedure, judicial authorities cannot use the two-step test from the Aranyosi and Căldăraru to determine if the Charter prevents surrender. Instead, judicial authorities must conduct an independent review following the Court’s approach in cases concerning extradition to third states.

29:T5a2,