Order of the Court (Eighth Chamber) of 22 June 2011 – Grúas Abril Asistencia v Commission

(Case C-521/10 P)

Appeal – Article 119 of the Rules of Procedure – Alleged infringements of the provisions of European Union law on competition – Application seeking to require the Commission to initiate proceedings against a Member State for failure to fulfil obligations

1.                     Appeals – Grounds – Plea challenging the General Court’s decision declaring the action inadmissible – Admissibility regardless of the line of argument put forward before the General Court (Art. 230, fourth para., EC) (see para. 25)

2.                     Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Not included (Arts 226 EC and 230 EC) (see para. 29)

Re:

Appeal against the order of the General Court (Second Chamber) of 24 August 2010 in Case T-386/09

Grúas Abril Asistencia

v

Commission

, by which that court dismissed an action seeking annulment of the Commission’s letter of 7 August 2009 informing the appellant that the facts in respect of which it had lodged a complaint with the Commission did not permit the conclusion that there had been an infringement of Articles 81 EC, 82 EC and 86 EC and that no action would be taken in respect of its complaint.

Operative part

1.

The appeal is dismissed.

2.

Grúas Abril Asistencia, SL is ordered to pay the costs.