Judgment of the Court of First Instance (Fifth Chamber) of 16 January
   2008 - Scippacercola and Terezakis v Commission

   (Case T-306/05)

   Competition - Abuse of dominant position - Allegation of excessive
   charges applied by the operator of Athens International Airport -
   Rejection of the complaint - No Community interest

   1.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them - Decision closing
   a proceeding on a complaint for infringement of the competition rules
   (Art. 230 EC; Council Regulations Nos 17, Art. 3(2)(b), and 1/2003,
   Art. 7(2)) (see paras 66-70)

   2.                     Competition - Administrative procedure -
   Examination of complaints - Determination of priorities by the
   Commission (Arts 81 EC, 82 EC, 85(1) EC and 253 EC; Council Regulations
   Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 91-97, 129-130,
   149, 174, 180, 191-192)

   3.                     Actions for annulment - Action against a
   decision to take no action on a complaint in competition matters - Plea
   based on failure to take a position on one of the aspects of the
   complaint - Omission falling within the action for failure to act -
   Action devoid of purpose in relation to that plea (Arts 230 EC and 232
   EC) (see para. 160)

   4.                     Competition - Administrative procedure -
   Examination of complaints - Taking into account the Community interest
   in investigating a case - Criteria for assessment (Council Regulations
   Nos 17, Art. 3(2), and 1/2003, Art. 7(2)) (see paras 133-134, 148, 187,
   189)

   Re:

   APPLICATION for annulment in part of the Commission's decision of 2 May
   2005 pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004
   of 7 April 2004 relating to the conduct of proceedings by the
   Commission pursuant to Articles 81 EC and 82 EC (OJ 2004 L 123, p. 18),
   rejecting complaint No COMP/D3/38469 concerning the levy of certain
   charges by the operator of Athens International Airport at Spata and by
   Olympic Fuel Company.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs.