(Case T-442/07)

State aid – Aviation sector – Aid granted by the Italian authorities to Alitalia, Air One and Meridiana – Action for failure to act – Failure by the Commission to define its position – Obligation to act

3. State aid – Examination of complaints – Obligations of the Commission – Obligation to examine information concerning allegedly unlawful aid – No formal requirements for lodging a complaint (Arts 87 EC and 88 EC; Council Regulation No 659/1999, Art. 10(1)) (see paras 32-34)

Re:

APPLICATION for a declaration that the Commission failed to act in unlawfully failing to define its position on the applicant’s complaints concerning, first, aid allegedly granted by the Italian Republic to Alitalia, Air One and Meridiana and, second, an alleged infringement of competition law.

Operative part

The Court:

1.Declares that the Commission of the European Communities failed to fulfil its obligations under the EC Treaty by failing to adopt a decision in respect of (i) the transfer of the 100 Alitalia employees, complained of in the letter of 16 June 2006 sent to the Commission by Ryanair Ltd, (ii) the compensation granted following the attacks of 11 September, complained of in the letters of 3 November and 13 December 2005 sent to the Commission by Ryanair, and (iii) the reductions in airport charges at hub airports, from which Alitalia, in particular, is claimed to have benefited, complained of in those letters of 3 November and 13 December 2005;

2.Dismisses the action as to the remainder;

3.Orders each of the parties, including Air One SpA, to bear its own costs.