Action brought on 26 June 2008 - Associazione Giullemanidallajuve v Commission

(Case T-254/08)

Language of the case: French

Parties

Applicant: L'Associazione Giullemanidallajuve (Garibaldi, Italy) (represented by: L.Misson, G. Ernes and A. Kettels, lawyers)

Defendant: Commission of the European Communities

Form of order sought

declare that the Commission has failed to act;

instruct the Commission to use its powers and to reply to the complaint lodged by the applicant in May 2007;

obtain all the information necessary for that purpose.

Pleas in law and main arguments

The applicant claims that theCommission failed to fulfil its obligation to act in that after being invited to do so it did not express its opinion on the complaint lodged by the applicant with the Commission in May 2007 concerning alleged contraventions of Articles 81 and 82 EC committed by the Federazione Italiana Giuoco Calcio (FIGC), the Comitato Olimpico Nazionale Italiano (CONI), the Union of European Football Associations (UEFA) and the Fédération Internationale de Football Association (FIFA).

The applicant considers that the letter which was sent to it by the Commission in March 2008 further to the invitation to act and which informed it that the case was being dealt with, does not represent an expression of opinion, since the letter did not provide any replies on the substance of the requests made by the applicant.

The applicant also claims that, in the area of competition, a complainer is entitled to expect that its complaint will be examined thoroughly by the Commission, and that a reasoned opinion will be expressed.

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