Order of the General Court (Sencond Chamber) of 24 August 2010 – Grúas Abril Asistencia v Commission

(Case T-386/09)

Action for annulment – Competition – Rejection of complaint – Measure against which actions may not be brought by individuals – Inadmissibility

1.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion – Procedural position of plaintiffs different from that in a competition matter (Art. 226 EC) (see paras 26-27)

2.                     Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Not included (Art. 230 EC) (see para. 27)

3.                     Actions for annulment – Jurisdiction of the Community judicature – Examination of the legality of a measure adopted by a national authority – Not included (Art. 230 EC) (see para. 28)

4.                     Actions for annulment – Jurisdiction of the Community judicature – Pleas seeking a direction that a complaint be reexamined – Inadmissibility (Art. 230 EC) (see para. 29)

Re:

APPLICATION for annulment of the Commission letter of 7 August 2009 informing the applicant that the facts on which it lodged the complaint did not permit the conclusion that there was an infringement of Articles 81 EC, 82 EC and 86 EC and that no action would be taken regarding its complaint.

Operative part

1. The application is dismissed.

2. Grúas Abril Asistencia, SL, is ordered to pay the costs.