SELEX Sistemi Integrati SpA has failed to establish abuse of a dominant position by the European air traffic control organisation (“Eurocontrol”) following a judgment of the Court of First Instance on 12 December 2006 (T-155/04). Eurocontrol’s role is to harmonise systems for air traffic management. The court found that two of Eurocontrol’s three activities, namely the production and adoption of technical standards and the research and development activity, were not “economic” activities and therefore Eurocontrol could not be considered as an undertaking that is subject to competition law with regard to those functions. Eurocontrol could only be considered as acting as such an undertaking in relation to the provision of consulting activities and these were not in issue in the case. Accordingly, no abuse of dominant position was found