Competition Abuse of dominant position Allegation of excessive charges applied by the operator of Athens International Airport Rejection of the complaint No Community interest
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 16 January 2008.
Isabella Scippacercola and Ioannis Terezakis v Commission of the European Communities.
Competition - Abuse of dominant position - Allegation of excessive charges applied by the operator of Athens International Airport - Rejection of the complaint - No Community interest.
Case T-306/05.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 16 January 2008 – Scippacercola and Terezakis v Commission
(Case T-306/05)
Competition – Abuse of dominant position – Allegation of excessive charges applied by the operator of Athens International Airport – Rejection of the complaint – No Community interest
1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision closing a proceeding on a complaint for infringement of the competition rules (Art. 230 EC; Council Regulations Nos 17, Art. 3(2)(b), and 1/2003, Art. 7(2)) (see paras 66-70)
2. Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission (Arts 81 EC, 82 EC, 85(1) EC and 253 EC; Council Regulations Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 91-97, 129-130, 149, 174, 180, 191-192)
3. Actions for annulment – Action against a decision to take no action on a complaint in competition matters – Plea based on failure to take a position on one of the aspects of the complaint – Omission falling within the action for failure to act – Action devoid of purpose in relation to that plea (Arts 230 EC and 232 EC) (see para. 160)
4. Competition – Administrative procedure – Examination of complaints – Taking into account the Community interest in investigating a case – Criteria for assessment (Council Regulations Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 133-134, 148, 187, 189)
Re:
| APPLICATION for annulment in part of the Commission’s decision of 2 May 2005 pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 EC and 82 EC (OJ 2004 L 123, p. 18), rejecting complaint No COMP/D3/38469 concerning the levy of certain charges by the operator of Athens International Airport at Spata and by Olympic Fuel Company. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs. |