Case T-107/06

Inet Hellas Ilektroniki Ipiresia Pliroforion EPE (Inet Hellas)

v

European Commission

(Action for annulment – Implementation of top level domain ‘.eu’ – Registration of domain ‘.co’ as second level domain – Measure not open to appeal – Inadmissibility)

Summary of the Order

Actions for annulment – Actionable measures – Meaning – Measure producing binding legal effects

(Art. 230 EC; European Parliament and Council Regulation No 733/2002)

An action for the annulment of a decision allegedly contained in a Commission letter concerning the rejection, by the body responsible for the organisation, administration and management of the ‘.eu’ top‑level domain, of the applicant’s request for registration of ‘.co’ as a second‑level domain is inadmissible. The view expressed by the Commission in the contested decision cannot be regarded as having the character of a decision capable of producing legally binding effects such as to affect the interests of the applicant by significantly altering its legal situation. The mere fact that a letter is sent by a Community institution to its addressee in response to a request made by the latter is not enough for it to be treated as a decision against which an action for its annulment may be brought.

In that regard, Regulation No 733/2002, on the implementation of the .eu Top Level Domain, gives the registry the power to refuse the registration of a second level domain, and it is not a power delegated to the registry by the Commission.

Moreover, a power in favour of the Commission to issue to the registry binding guidelines relating to the registration of a specific second level domain cannot be presumed, in the absence of a specific provision contained in the Treaty or in binding acts adopted by the institutions. Neither the said Regulation No 733/2002 nor Regulation No 874/2004, laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration, contain provisions conferring such jurisdiction on the Commission.

(see paras 55, 63, 65-66, 75)