CELEX: C2005/217/97
Language: en
Date: 2005-09-03 00:00:00
Title: Case T-186/05: Action brought on 10 May 2005 by Alenia Marconi Systems SpA against the Commission of the European Communities

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/44
            
         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)
   Language of the case: Italian
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 May 2005 by Alenia Marconi Systems SpA, established in Rome (Italy), represented by Francesco Sciaudone, lawyer.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that, by having adopted the decision of 12 February 2004, the Commission has incurred non-contractual liability;
            
         
               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 monitoring the application of the Community competition provisions. That decision rejected the complaint lodged by the company then named Alenia Difesa, the business arm of FINMECCANICA SpA, in connection with the supposed absence of the preconditions for the applicability to Eurocontrol of the Community competition provisions and the absence of sufficient evidence to prove the alleged abuses to which the complaint related.
   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 obligation 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.
   
      (1)  Case T-155/04 Alenia Marconi Systems v Commission (OJ C 179 of 10.7.04, p. 11).