Admissibility - Action for annulment: The Court of Justice leaves the Commission free to decide to initiate a procedure against a Member State based on article 86§3 CE when the request comes from an individual (T-Mobile Austria)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A few days after being severely beaten up by the Court of Justice of the United States of America. In the case of Tetra Laval/Sidel, the Commission will find without doubts some of the grounds for satisfaction in the judgment that the same Court has given today, 22 February 2005, in Case C-141/02 P (Commission v T-Mobile Austria, formerly max.mobil). The Court preserves here the specificity of the provisions of Article 86 of the Treaty in relation to the other provisions of Community competition law. Remedies of individuals against decisions to dismiss complaints filed to the Commission on the monitoring of measures granted to public undertakings and