Judgment of the General Court (Second Chamber) of 30 May 2013 — Omnis Group v Commission
(Case T‑74/11)
Competition — Abuse of dominant position — Market for the provision of Enterprise Resource Planning software (ERP) and Enterprise Application Software (EAS) — Decision rejecting a complaint — No European Union interest
1. Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Arts 263 TFEU and 266 TFEU) (see para. 26)
2. Actions for annulment — Jurisdiction of the EU judicature — Power to vary — Exclusion (Arts 261 TFEU and 264 TFEU) (see para. 27)
3. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 31, 32, 36-39)
4. Competition — Administrative procedure — Examination of complaints — Commission under no duty to adopt a decision as to the existence of an infringement — Taking into account the Community interest in investigating a case — Criteria for assessment — Duty to state reasons for a decision to take no further action — Judicial review (Arts 101 TFEU, 102 TFEU and 105(1) TFEU; Council Regulations No 17, Art. 3, and No 1/2003, Art. 7) (see paras 42-50, 80, 93-95)
5. Competition — Dominant position — Conduct on a market neighbouring the dominated market — Application of Article 102 TFEU even in the absence of a dominant position on the neighbouring market — Conditions (Art. 102 TFEU) (see paras 61-66, 71-76, 82, 102)
6. Judicial proceedings — Introduction of new pleas during the proceedings — Amplification of a plea made earlier — Admissibility (Rules of Procedure of the General Court, Art. 48(2)) (see paras 68, 69)
Re:
| APPLICATION for annulment of Commission Decision C(2010) 8529 of 1 December 2010 rejecting the complaint (Case COMP/39.784 — Omnis/Microsoft) concerning alleged infringements of Articles 101 TFEU, 102 TFEU and 106 TFEU by Microsoft Corp. on the market for Enterprise Application Software, referred to as ‘Enterprise Application Software/Enterprise Resource Planning’ systems. |
Operative part
The Court:
2. | | Orders Omnis Group Srl to pay the costs. |