Case T-458/04: Action brought on 22 November 2004 by Au Lys de France against the Commission of the European Communities
Date: 2005-02-19
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, business lease, dominant position, public contract, retail trade

19.2.2005

EN

Official Journal of the European Union

C 45/25

In support of its action the applicant claims, in the first place,
that the contested decision was adopted on the basis of the
report of a trustee who was not appointed in accordance with
the conditions laid down by paragraph 15 of Annex II to the
Compatibility Decision. The applicant argues that the trustee in
question was not independent, particularly of Editis, contrary
to the duty incumbent on Lagardère in consequence of the
Compatibility Decision.

Second, the applicant claims that the Commission failed in its
duty to supervise the sale of Editis, allowing a selection proce-
dure for purchasers to be put in place which was discrimina-
tory and anti-competitive. According to the applicant,
the
Commission should have required the organisation of a call for
prospective purchasers which was transparent, objective and
non-discriminatory. Furthermore, the Commission should not
the confidentiality agreement
have approved the terms of
between Lagardère
and the potential purchasers, which
included the applicant, preventing them from bringing an
action. The Commission should have taken steps to rectify the
procedure when the applicant drew its attention to the failures
to comply with the competition rules in the EC Treaty. Finally,
the Commission denied the applicant the minimum protection
to which it considered it was entitled as an interested third
party.

Third, the applicant relies on a manifest error by the Commis-
sion in its assessment of whether the conditions laid down in
respect of the purchaser by the Compatibility Decision were
complied with. The applicant argues that the purchaser is not
an operator capable of restoring a situation of effective compe-
tition.

Finally, the applicant relies on a breach of the duty to state
reasons.

(1) Case COMP/M.2978 – Lagardère/Natexis/VUP (OJ 2004 L 125, p.

54)

The applicant claims that the Court should:

— annul the Commission's decision of 17 September 2004

and all its legal consequences.

Pleas in law and main arguments:

The applicant was carrying on a retail business in the terminal
at Paris/Charles de Gaulle airport. It lodged a complaint with
the Commission relating to abuse of a dominant position
within the meaning of Article 82 EC by the public undertaking,
Aéroports de Paris, on the commercial concessions market in
the public airport sector.

By the contested decision, the Commission notified the appli-
cant that there was no sufficient Community interest in the
complaint to justify the opening of a formal investigation.

In support of its action, the applicant relies, first, on error of
law and manifest error of assessment in the decision as to the
lack of a sufficient Community interest. According to the appli-
cant, the Commission was mistaken in finding the absence of a
sufficient interest to pursue the investigation of the case and in
deciding that there was sufficient protection of the applicant's
rights before the national courts.

the applicant pleads an insufficient statement of
Secondly,
reasons in breach of Article 253 EC because the Commission
did not deal with various elements of the applicant's argu-
ments.

Thirdly, the applicant pleads breach of Article 82 EC, because
the Commission refused to investigate the complaint whereas,
according to the applicant, there is abuse of a dominant posi-
tion.

Action brought on 22 November 2004 by Au Lys de
France against the Commission of the European Commu-
nities

Action brought on 22 November 2004 by Jorge Manuel
Pinheiro de Jesus Ferreira against the Commission of the
European Communities

(Case T-458/04)

(2005/C 45/56)

(Case T-459/04)

(2005/C 45/57)

(Language of the case: French)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 November 2004 by Au Lys de
France, a company established in Le Raincy (France), repre-
sented by G. Lesourd, lawyer.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 November 2004 by Jorge
Manuel Pinheiro de Jesus Ferreira, residing in Brussels, repre-
sented by Georges Vandersanden, lawyer.