ECJ dismisses appeal in SELEX, C-113/07 P

On 26 March 2009 the ECJ dismissed the appeal by SELEX against a judgement of the CFI. The CFI earlier dismissed the firm’s action against the European Commission rejection of its complaint.

In the complaint rejected by the European Commission, SELEX alleged that European Organisation for the Safety of Air Navigation (’Eurocontrol’) engaged in an abuse of a dominant position in its activities related to the development of air traffic management standards. Among other things, SELEX objected to the intellectual property rights regime governing the development and acquisition of technologies.

The ECJ considered that the challenged activities of Eurocontrol, an international organization entrusted with those tasks, were not at all economic activities subject to Article 82 EC Treaty.