Order of the Court (Third Chamber) of 23 February 2006 – Piau v Commission

(Case C-171/05 P

Appeal – Freedom to provide services – Competition – Regulation of the activities of players’ agents – Appeal in part manifestly inadmissible and in part manifestly unfounded

1. Appeals – Grounds of appeal – Incorrect assessment of the facts – Inadmissible – Review by the Court of the assessment of the evidence – Excluded save in cases of distortion (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 22)

2. Appeals – Grounds of appeal – Ground unrelated to pleas in law put forward before the Court of First Instance – Inadmissibile (Rules of Procedure of the Court, Arts 42(2) and 118) (see paras 24, 73)

3. Competition – Administrative procedure – Examination of complaints (Arts 81 EC and 82 EC) (see para. 34)

4. Competition – Dominant position – Abuse – Meaning (Art. 82 EC) (see para. 37)

5. Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion (Art. 226 EC) (see para. 53)

6. Commission – Powers to impose penalties in respect of infringements of Community law committed by individuals (Arts 81 EC and 82 EC; Council Regulation No 17) (see paras 54-58)

Re:

Operative part:

The Court:

1.Dismisses the appeal;

2.Orders Mr Piau to pay the costs of the present proceedings.