Case T-155/04: Judgment of the Court of First Instance of 12 December 2006 — SELEX Sistemi Integrati v Commission (Competition — Abuse of a dominant position — Concept of an undertaking — Complaint — Rejection)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: Eurocontrol, European Commission, action for annulment (EU), administrative cooperation, complaint to the Commission, dominant position, intellectual property, restriction on competition

C 331/34

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court of First Instance of 12 December
2006 — SELEX Sistemi Integrati v Commission

Judgment of the Court of First Instance of 14 December
2006 — Branco v Commission

(Case T-155/04) (1)

(Competition — Abuse of a dominant position — Concept of
an ‘undertaking’ — Complaint — Rejection)

(Case T-162/04) (1)

(European Social Fund (ESF) — Reduction of financial assis-
tance — Subcontracting — Reasonable time)

(2006/C 331/75)

Language of the case: Portuguese

(2006/C 331/74)

Language of the case: Italian

Parties

Parties

Applicant: Eugénio Branco, Lda (Lisbon, Portugal) (represented by:
B. Belchior, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and A. Weimar, Agents)

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA, Rome (Italy) (represented by F. Sciaudone, lawyer)

Re:

Defendant: Commission of the European Communities (repre-
sented initially by P. Oliver and L. Visaggio, and subsequently by
A. Bouquet, L. Visaggio and F. Amato, agents)

Intervener in support of the defendant: Organisation européenne
pour la sécurité de la navigation aérienne (Eurocontrol) (Euro-
pean Organisation for the Safety of Air Navigation) (represented
by F. Montag and T. Wessely, lawyers)

Re:

Application for annulment or amendment of the Commission
applicant's
decision of 12 February 2004 rejecting the
complaint relating to alleged breach by Eurocontrol of
the
provisions of the EC Treaty in the field of competition)

Action for annulment of the decision of the Commission of 8
August 2003 reducing the assistance of the European Social
Fund (ESF) and, therefore, rejecting the application for payment
of the balance of the assistance from the ESF, initially approved
for operational program 87 03 01 P1.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 217, 28.8.2004.

Operative part of the judgment

The Court:

1. Dismisses the action;

Judgment of the Court of First Instance of 22 November
2006 — Italy v Commission

(Case T-282/04) (1)

(EAGGF — Expenditure excluded from Community financing
— Financial corrections — Rural development — Aid to the
least well-off)

2. Orders SELEX Sistemi Integrati SpA to bear its own costs and pay

those incurred by the Commission;

3. Orders the European Organisation for the Safety of Air Navigation

to bear its own costs.

Parties

(2006/C 331/76)

Language of the case: Italian

(1) OJ C 179, 10.7.2004.

Applicant: Italian Republic (represented by: G. De Bellis, avvocato
dello Stato)

Defendant: Commission (represented by: C. Cattabriga and L.
Visaggio, Agents)