Order of the General Court (Third Chamber) of 23 September 2011 – Vivendi v Commission

(Case T-567/10)

Actions for annulment – Refusal by the Commission to act against a Member State for alleged infringement of Article 106 TFEU – No measure open to challenge – Inadmissibility

1.                     Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Not included – Inadmissibility (Arts 106(3) TFEU and 263, fourth para., TFEU; Commission Directive 2002/77) (see paras 16-18, 25-26)

2.                     Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Infringement of the principle of consistency of EU policies – Infringement of the right to an effective remedy – None – Inadmissibility (Arts 7 TFEU and 106(3) TFEU) (see para. 19)

3.                     Actions for annulment – Actionable measures – Refusal by the Commission to examine a complaint calling upon it to act under Article 106(3) TFEU – Infringement of Directive 2002/77 – None – Inadmissibility (Art. 106(3) TFEU; Commission Directive 2002/77) (see paras 22-24)

Re:

APPLICATION for annulment of the decision allegedly contained in the Commission’s letter of 1 October 2010 informing the applicant of its refusal to examine the complaint lodged by the applicant on 2 March 2009 seeking the opening of proceedings for failure to fulfil obligations pursuant to Article 226 EC in respect of infringement by the French Republic of Directive 2002/77/EC of 16 December 2002 on competition in the markets for electronic communications networks and services (OJ 2002 L 249, p. 21) and, consequently, of Article 86(1) EC, by granting a regulatory advantage to France Télécom.

Operative part

1.

The action is dismissed.

2.

There is no need to adjudicate on the applications to intervene by the French Republic and France Télécom.

3.

Vivendi is ordered to bear its own costs and those incurred by the European Commission.