Order of the General Court (Third Chamber) of 23 September 2011 – Vivendi v Commission
(Case T-567/10)
Actions for annulment – Refusal by the Commission to act against a Member State for alleged infringement of Article 106 TFEU – No measure open to challenge – Inadmissibility
1. Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Not included – Inadmissibility (Arts 106(3) TFEU and 263, fourth para., TFEU; Commission Directive 2002/77) (see paras 16-18, 25-26)
2. Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Infringement of the principle of consistency of EU policies – Infringement of the right to an effective remedy – None – Inadmissibility (Arts 7 TFEU and 106(3) TFEU) (see para. 19)
3. Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Infringement of Directive 2002/77 – None – Inadmissibility (Art. 106(3) TFEU; Commission Directive 2002/77) (see paras 22-24)
Re:
| APPLICATION for annulment of the decision allegedly contained in the Commission’s letter of 1 October 2010 informing the applicant of its refusal to examine the complaint lodged by the applicant on 2 March 2009 seeking the opening of proceedings for failure to fulfil obligations pursuant to Article 226 EC in respect of infringement by the French Republic of Directive 2002/77/EC of 16 December 2002 on competition in the markets for electronic communications networks and services (OJ 2002 L 249, p. 21) and, consequently, of Article 86(1) EC, by granting a regulatory advantage to France Télécom. |
Operative part
1. | | The action is dismissed. |
2. | | There is no need to adjudicate on the applications to intervene by the French Republic and France Télécom. |
3. | | Vivendi is ordered to bear its own costs and those incurred by the European Commission. |