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:
2. | | Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs. |