Competition - Complaint - Articles 82 EC and 86 EC - Admissibility - Port services.

«(Competition – Complaint – Articles 82 EC and 86 EC – Admissibility – Port services)» Summary of the Judgment 1.. Actions for annulment – Action against a decision to take no further action on a complaint in a competition matter – Complaint that the Commission failed to express a view on one of the aspects of the complaint – Omission falling within the scope of an action for failure to act – Action devoid of purpose in relation to that complaint (Arts 230 EC and 232 EC) 2.. Actions for annulment – Actionable measures – Commission's refusal to issue instructions to a Member State or adopt a decision concerning compliance with the competition rules by public undertakings – Excluded save in exceptional circumstances (Arts 86(3) EC and 230, fourth para., EC) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)17 June 2003 (1) ((Competition – Complaint – Articles 82 EC and 86 EC – Admissibility – Port services)) applicant, v defendant, intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 19 September 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) Cooke García-Valdecasas Lindh H. Jung R. García-Valdecasas Registrar President 1 – Language of the case: Italian.