Case T-186/05: Action brought on 10 May 2005 by Alenia Marconi Systems SpA against the Commission of the European Communities
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Eurocontrol, European Commission, action for failure to act, competition law, dominant position, liability

C 217/44

EN

Official Journal of the European Union

3.9.2005

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

Systems SpA, established in Rome (Italy), represented by Fran-
cesco Sciaudone, lawyer.

of 22 June 2005

The applicant claims that the Court should:

in Case T-171/05 R: Bart Nijs v Court of Auditors of the
European Communities

(Proceedings for interim relief — Officials — Suspension of
operation of a measure — Admissibility)

(2005/C 217/96)

(Language of the case: French)

In Case T-171/05 R: Bart Nijs, official of the Court of Auditors
of the European Communities, residing in Bereldange (Luxem-
bourg), represented by F. Rollinger, lawyer, with an address for
service in Luxembourg, against the Court of Auditors of the
European Communities (Agents: T. Kennedy, J.-M. Stenier and
G. Corstens, with an address for service in Luxembourg): appli-
cation to suspend the operation of the Court of Auditors' deci-
sion of 2 December 2004 to promote an official other than the
applicant to the post of principal translator at grade LA5 in the
Dutch Section of the Translation Service of the General Secre-
tariat of the Court of Auditors — the President of the Court of
First Instance made an order on 22 June 2005, the operative
part of which is as follows:

1. The application for interim measures is dismissed.

2. The costs are reserved.

Action brought on 10 May 2005 by Alenia Marconi
Systems SpA against the Commission of the European
Communities

(Case T-186/05)

(2005/C 217/97)

1. declare that, by having adopted the decision of 12 February
2004, the Commission has incurred non-contractual liabi-
lity;

2. declare that the applicant has suffered damage as a result of

that decision, quantified at EUR 72.8 million;

3. order the Commission to make good such damage, together
with compensatory interest and any interest on arrears;

4. order the Commission to pay the costs.

Pleas in law and main arguments

This action seeks to obtain an order against the Commission to
make good, as a matter of non-contractual liability, the damage
caused to the applicant, by the defendant's alleged failure, in
adopting the decision of 12 February 2004,
to exercise
correctly the supervisory functions it has in relation to moni-
toring the application of the Community competition provi-
lodged by the
sions. That decision rejected the complaint
the business arm of
company then named Alenia Difesa,
FINMECCANICA SpA,
supposed
absence of the preconditions for the applicability to Eurocon-
trol of the Community competition provisions and the absence
of sufficient evidence to prove the alleged abuses to which the
complaint related.

in connection with the

The same decision was challenged by the same applicant by
means of an action for annulment. (1)

In support of its claims, the applicant pleads infringement of
Article 82 of the Treaty in the assessment of its applicability to
Eurocontrol, infringement of the duties of supervision of the
application of the competition rules, infringement of the obli-
gation to examine the complaint impartially and diligently,
infringement of its rights as the complainant and infringement
of the principle of reasonable duration of the administrative
proceedings.

(Language of the case: Italian)

(1) Case T-155/04 Alenia Marconi Systems v Commission (OJ C 179 of

10.7.04, p. 11).

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 May 2005 by Alenia Marconi