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Competition – Abuse of dominant position – Allegation of excessive charges applied by the operator of Athens International Airport – Rejection of the complaint – No Community interest
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)
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.
The Court:
1.Dismisses the action;
2.Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs.