CELEX: 62005TJ0306
Language: en
Date: 2008-01-16
Title: Judgment of the Court of First Instance (Fifth Chamber) of 16 January 2008. # Isabella Scippacercola and Ioannis Terezakis v Commission of the European Communities. # Competition - Abuse of dominant position - Allegation of excessive charges applied by the operator of Athens International Airport - Rejection of the complaint - No Community interest. # Case T-306/05.

Judgment of the Court of First Instance (Fifth Chamber) of 16 January 2008 – Scippacercola and Terezakis v Commission
      (Case T-306/05)
      Competition – Abuse of dominant position – Allegation of excessive charges applied by the operator of Athens International Airport – Rejection of the complaint – No Community interest
      1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision closing a
            proceeding on a complaint for infringement of the competition rules (Art. 230 EC; Council Regulations Nos 17, Art. 3(2)(b),
            and 1/2003, Art. 7(2)) (see paras 66-70)
      2.                     Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission (Arts 81
            EC, 82 EC, 85(1) EC and 253 EC; Council Regulations Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 91-97, 129-130, 149,
            174, 180, 191-192)
      3.                     Actions for annulment – Action against a decision to take no action on a complaint in competition matters – Plea based on
            failure to take a position on one of the aspects of the complaint – Omission falling within the action for failure to act
            – Action devoid of purpose in relation to that plea (Arts 230 EC and 232 EC) (see para. 160)
      4.                     Competition – Administrative procedure – Examination of complaints – Taking into account the Community interest in investigating
            a case – Criteria for assessment (Council Regulations Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 133-134, 148, 187,
            189)
      Re:
      
         
               APPLICATION for annulment in part of the Commission’s decision of 2 May 2005 pursuant to Article 7(2) of Commission Regulation
                  (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 EC and 82 EC
                  (OJ 2004 L 123, p. 18), rejecting complaint No COMP/D3/38469 concerning the levy of certain charges by the operator of Athens
                  International Airport at Spata and by Olympic Fuel Company.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs.