Action brought on 22 November 2004 by Au Lys de France against the Commission of the European Communities

(Case T-458/04)

(2005/C 45/56)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 22 November 2004 by Au Lys de France, a company established in Le Raincy (France), represented by G. Lesourd, lawyer.

The applicant claims that the Court should:

Pleas in law and main arguments:

The applicant was carrying on a retail business in the terminal at Paris/Charles de Gaulle airport. It lodged a complaint with the Commission relating to abuse of a dominant position within the meaning of Article 82 EC by the public undertaking, Aéroports de Paris, on the commercial concessions market in the public airport sector.

By the contested decision, the Commission notified the applicant that there was no sufficient Community interest in the complaint to justify the opening of a formal investigation.

In support of its action, the applicant relies, first, on error of law and manifest error of assessment in the decision as to the lack of a sufficient Community interest. According to the applicant, the Commission was mistaken in finding the absence of a sufficient interest to pursue the investigation of the case and in deciding that there was sufficient protection of the applicant's rights before the national courts.

Secondly, the applicant pleads an insufficient statement of reasons in breach of Article 253 EC because the Commission did not deal with various elements of the applicant's arguments.

Thirdly, the applicant pleads breach of Article 82 EC, because the Commission refused to investigate the complaint whereas, according to the applicant, there is abuse of a dominant position.