CELEX: 62007CA0113
Language: en
Date: 2009-03-26 00:00:00
Title: Case C-113/07 P: Judgment of the Court (Second Chamber) of 26 March 2009 — Selex Sistemi Integrati SpA. v Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol) (Appeals — Competition — Article 82 EC — Concept of an undertaking — Economic activity — International organisation — Abuse of a dominant position)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/4
            
         Judgment of the Court (Second Chamber) of 26 March 2009 — Selex Sistemi Integrati SpA. v Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol)
   (Case C-113/07 P) (1)
   
   (Appeals - Competition - Article 82 EC - Concept of an ‘undertaking’ - Economic activity - International organisation - Abuse of a dominant position)
   2009/C 113/06
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Selex Sistemi Integrati SpA (represented by: F. Sciaudone, R. Sciaudone and D. Fioretti, avvocati)
   
      Other parties to the proceedings: Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol) (represented by: F. Montag and T. Wessely, Rechtsanwälte)
   
      Re:
   
   Appeal against the judgment of the Court of First Instance (Second Chamber) delivered on 12 December 2006 in Case T-155/04 Selex Sistemi Integrati v Commission by which that Court dismissed an application for annulment or amendment of the Commission’s decision of 12 February 2004 rejecting the complaint lodged by Selex concerning an alleged infringement by Eurocontrol of the provisions of the EC Treaty relating to competition
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Selex Sistemi Integrati SpA to pay, in addition to its own costs, those incurred by the Commission of the European Communities and half the costs incurred by the European Organisation for the Safety of Air Navigation (Eurocontrol);
            
         
               3.
            
            
               Orders the European Organisation for the Safety of Air Navigation to pay half its own costs.
            
         
      (1)  OJ C 117, 26.5.2007.