(Case T-338/04)

Article 86(3) EC – Rejection of complaint – Action for annulment – Plea of inadmissibility

Applications for interim measures – Actionable measures (Art. 86(1) and (3) EC) (see paras 36-38)

Re:

APPLICATION for annulment of the Commission’s letter of 4 June 2004 [D (2004) 471] in so far as it rejects the applicant’s complaint that the Italian Republic had infringed the combined provisions of Articles 86 EC and 82 EC

Operative part

The Court:

1.Dismisses the action as inadmissible;

2.Orders the applicant, in addition to bearing its own costs, to pay the costs incurred by the Commission and the intervener.