Judgment — ECLI:EU:T:2013:283
Date: 2013-05-30
Language of the case: Romanian
Court formation: Second Chamber
Subject matter: Competition;Dominant position
Procedure: Action for annulment - unfounded
Origin: Romania

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 31, 32, 36-39) 4. Competition — Administrative procedure — Examination of complaints — Commission under no duty to adopt a decision as to the existence of an infringement — Taking into account the Community interest in investigating a case — Criteria for assessment — Duty to state reasons for a decision to take no further action — Judicial review (Arts 101 TFEU, 102 TFEU and 105(1) TFEU; Council Regulations No 17, Art. 3, and No 1/2003, Art. 7) (see paras 42-50, 80, 93-95) 5. Competition — Dominant position — Conduct on a market neighbouring the dominated market — Application of Article 102 TFEU even in the absence of a dominant position on the neighbouring market — Conditions (Art. 102 TFEU) (see paras 61-66, 71-76, 82, 102) 6. Judicial proceedings — Introduction of new pleas during the proceedings — Amplification of a plea made earlier — Admissibility (Rules of Procedure of the General Court, Art. 48(2)) (see paras 68, 69) Re: APPLICATION for annulment of Commission Decision C(2010) 8529 of 1 December 2010 rejecting the complaint (Case COMP/39.784 — Omnis/Microsoft) concerning alleged infringements of Articles 101 TFEU, 102 TFEU and 106 TFEU by Microsoft Corp. on the market for Enterprise Application Software, referred to as ‘Enterprise Application Software/Enterprise Resource Planning’ systems. Operative part The Court: 1. Dismisses the action; 2. Orders Omnis Group Srl to pay the costs.