Order of the Court (Fifth Chamber) of 25 March 2009 – Scippacercola and Terezakis v Commission
(Case C‑159/08 P)
Appeal – Abuse of dominant position – Allegation of excessive charges applied by the operator of Athens International Airport – Rejection of the complaint – No Community interest
1.Appeals – Grounds – Mistaken assessment of the facts (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 32-33, 61)
2.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see paras 34-36, 74-75, 77, 88, 104, 111)
3.Competition – Dominant position – Abuse (Art. 82 EC) (see paras 44, 47)
4.Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 112(1), first para. (c)) (see paras 95, 112)
Re:
| Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 16January 2008 in Case T 306/05 | Isabella Scippacercola and Ioannis Terezakis | v | Commission | , by which that Court dismissed an application for annulment of the decision of the Commission dated 2 May 2005 refusing to take action on the applicants’ complaint concerning an alleged abuse by Athens International Airport at Spata of its dominant position and its imposition of excessive charges on users. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Mrs Scippacercola and Mr Terezakis shall pay the costs. |