Judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007 – Annemans v Commission

(Case T-411/05)

Application for annulment – Competition – Handling of complaints – Regulation (EC) No 773/2004 – Commission letter sent to the complainant – Plea of inadmissibility – Preparatory measure – Measure not capable of being appealed – Inadmissibility

Actions for annulment – Actionable measures – Meaning – Measure producing binding legal effects (Art. 230 EC; Commission Regulation No 773/2004, Art. 7(1) and (2)) (see paras 31-35)

Re:

ACTION for annulment of the decision supposedly contained in the Commission’s letter of 5 September 2005 in Case COMP/39.225 relating to the complaint lodged by Gerolf Annemans with the Commission under Article 7 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part

The Court:

Dismisses the application as inadmissible;

Orders Gerolf Annemans to pay the costs.