Case T-212/03: Judgment of the Court of First Instance of 9 September 2008 — MyTravel v Commission (Non-contractual liability of the Community — Competition — Decision declaring a concentration incompatible with the common market — Annulment of the decision by a judgment of the Court of First Instance — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
Date: 2008-09-09
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, dominant position, economic concentration, merger control, travel agency

25.10.2008

EN

Official Journal of the European Union

C 272/15

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 9 September
2008 — MyTravel v Commission

Judgment of the Court of First Instance of 10 September
2008 — Italy v Commission

(Case T-212/03) (1)

(Case T-381/04) (1)

(Non-contractual liability of the Community — Competition
— Decision declaring a concentration incompatible with the
common market — Annulment of the decision by a judgment
of the Court of First Instance — Sufficiently serious breach of
a rule of law intended to confer rights on individuals)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Animal subsidies and rural develop-
ment — Inadequate national management and control system)

(2008/C 272/26)

Language of the case: English

(2008/C 272/27)

Language of the case: Italian

Parties

Applicant: MyTravel Group plc (Rochdale, Lancashire, United
Kingdom) (represented by: D. Pannick, QC, M. Nicholson and
S. Cardell, Solicitors, A. Lewis, Barrister, and R. Gillis, QC)

Defendant: Commission of the European Communities (repre-
sented by: initially by R. Lyal, A. Whelan and P. Hellström, and
subsequently by R. Lyal and F. Arbault, Agents)

Parties

Applicant: Italian Republic (represented by: M.Fiorilli, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: C.Cattabriga and L.Visaggio, acting as Agents)

in support of

the defendant: Federal Republic of
Intervener
Germany (represented by: W.-D. Plessing and M. Lumma,
Agents)

Re:

Re:

APPLICATION for damages for the loss allegedly suffered by the
applicant by reason of the unlawfulness of the proceedings for
determining whether the concentration between the applicant
and First Choice plc was compatible with the common market.

Application for partial annulment of Commission Decision
2004/561/EC of 16 July excluding from Community financing
certain expenditure incurred by the Member States under the
Guarantee Section of the European Agricultural Guidance and
in so far as it
Guarantee Fund (EAGGF)
excludes certain expenditure incurred by the Italian Republic in
the sectors of animal subsidies and rural development.

(OJ L 250, p. 21),

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MyTravel Group plc to bear its own costs;

3. Orders the Commission to bear its own costs;

Operative part of the judgment

The Court:

1. dismisses the action;

4. Orders the Federal Republic of Germany to bear its own costs.

2. orders the Italian Republic to pay the costs.

(1) OJ C 200, 23.8.2003.

(1) OJ C 273, 6.11.2004.