Au lys de France v Commission [2007] EUECJ T-458/04

Court of First Instance judgment (about 14 pages in French) rejecting a claim by a former Paris Charles de Gaulle airport retailer for an order that the European Commission investigate its complaint of abuse of a dominant position by the airport company AdP.

The complaint was based on the fact that a terminal reorganisation had reduced the flow of valuable customers through the area where Au lys de France was located, making the business unable to pay its rent for the space.

The Court agreed with the Commission's rejection of the complaint on the grounds that there was not a sufficient European Community interest in the matter.

Au lys de France had taken the matter to the European Commission following brief decisions of the Conseil de la concurrence (2000), cour d'appel (2001) and cour de cassation (2002) refusing jurisdiction for the French competition law and civil court system, in the light of a tribunal des conflits judgment (about 2 pages in French) declaring that another terminal reorganisation dispute in an AdP airport was within the exclusive jurisdiction of the French administrative courts.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI, Economic activity, France.

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