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Judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007. # Gerolf Annemans v Commission of the European Communities. # Application for annulment - Competition - Handling of complaints - Regulation (EC) No 773/2004 - Commission letter sent to the complainant - Plea of inadmissibility - Preparatory measure - Measure not capable of being appealed - Inadmissibility. # Case T-411/05.

ECLI:EU:T:2007:227

62005TJ0411

July 12, 2007
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(Case T-411/05)

Application for annulment – Competition – Handling of complaints – Regulation (EC) No 773/2004 – Commission letter sent to the complainant – Plea of inadmissibility – Preparatory measure – Measure not capable of being appealed – Inadmissibility

Actions for annulment – Actionable measures – Meaning – Measure producing binding legal effects (Art. 230 EC; Commission Regulation No 773/2004, Art. 7(1) and (2)) (see paras 31-35)

Re:

ACTION for annulment of the decision supposedly contained in the Commission’s letter of 5 September 2005 in Case COMP/39.225 relating to the complaint lodged by Gerolf Annemans with the Commission under Article 7 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part

The Court:

Dismisses the application as inadmissible;

Orders Gerolf Annemans to pay the costs.

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