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Competition – Dominant position – Market in the supply of sites for the operation of retail businesses at Roissy-Charles-de-Gaulle airport held by the operator Aéroports de Paris – Rejection of a complaint – Action for annulment – No Community interest
1. Procedure – Intervention – Objection of inadmissibility not raised by the defendant – Inadmissibility (Statute of the Court of Justice, Arts 40, fourth para., and 53, first para.; Rules of Procedure of the Court of First Instance, Arts 113 and 116(3)) (see paras 31-33)
6. Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see paras 96-97)
ACTION for annulment of the Commission’s decision of 17 September 2004 to take no further action on the complaint brought by the applicant against the public undertaking Aéroports de Paris for breach of Article 82 EC (Case COMP/D3/38.666 Au Lys de France/Aéroports de Paris).
The Court:
Dismisses the action;
Orders Au Lys de France SA to pay the costs.