Language of document :

Judgment of the Court of First Instance of 12 December 2006 - SELEX Sistemi Integrati v Commission

(Case T-155/04) 1

(Competition - Abuse of a dominant position - Concept of an 'undertaking' - Complaint - Rejection)

Language of the case: Italian

Parties

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi Systems SpA, Rome (Italy) (represented by F. Sciaudone, lawyer)

Defendant: Commission of the European Communities (represented initially by P. Oliver and L. Visaggio, and subsequently by A. Bouquet, L. Visaggio and F. Amato, agents)

Intervener in support of the defendant: Organisation européenne pour la sécurité de la navigation aérienne (Eurocontrol) (European Organisation for the Safety of Air Navigation) (represented by F. Montag and T. Wessely, lawyers)

Re:

Application for annulment or amendment of the Commission decision of 12 February 2004 rejecting the applicant's complaint relating to alleged breach by Eurocontrol of the provisions of the EC Treaty in the field of competition)

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders SELEX Sistemi Integrati SpA to bear its own costs and pay those incurred by the Commission;

3.    Orders the European Organisation for the Safety of Air Navigation to bear its own costs.

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1 - OJ C 179, 10.7.2004.