In 1997, Alenia Marconi Systems SpA , now Selex Sistemi Integrati SpA (Selex), made a complaint to the European Commission (Commission) claiming that Eurocontrol had abused its dominant position in the management of contracts supplying air-traffic management equipment and assistance to national administrations. The Commission rejected this complaint in February 2004. However, Selex brought an action for damages against the Commission, under Article 288 EC, for non-contractual liability as a result of its decision to dismiss its complaint. Selex claimed loss of earnings, expenditure on research and development to adapt products to Eurocontrol specifications and damages for loss of reputation together with a claim for legal expenses. On 29 August 2007, the CFI ordered that Selex’s action be dismissed as inadmissible on the basis that the conditions for making a claim of non-contractual liability under Article 288 EC were not met. In particular, Selex had failed to prove that the damage it had allegedly suffered was actual and certain.