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Case T-411/07 R: Order of the President of the Court of First Instance of 18 March 2008 — Aer Lingus Group v Commission (Interim measures — Control of concentrations — Decision declaring a concentration to be incompatible with the common market — Article 8(4) and (5) of Regulation (EC) No 139/2004 — Application for suspension of operation and for interim relief — Measure incompatible with the distribution of powers between institutions — Powers of the Commission — Interim measures addressed to an intervener — Application for suspension of operation — Admissibility — No prima facie case — Lack of urgency — Absence of serious and irreparable damage — Damage dependent on future, uncertain events — Insufficient reasons — Weighing of all the interests involved)
ECLI:EU:UNKNOWN:62007TB0411
62007TB0411
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Official Journal of the European Union
C 327/26
(Case T-411/07 R)
(Interim measures - Control of concentrations - Decision declaring a concentration to be incompatible with the common market - Article 8(4) and (5) of Regulation (EC) No 139/2004 - Application for suspension of operation and for interim relief - Measure incompatible with the distribution of powers between institutions - Powers of the Commission - Interim measures addressed to an intervener - Application for suspension of operation - Admissibility - No prima facie case - Lack of urgency - Absence of serious and irreparable damage - Damage dependent on future, uncertain events - Insufficient reasons - Weighing of all the interests involved)
(2008/C 327/49)
Language of the case: English
Parties
Applicant: Aer Lingus Group plc (Dublin, Ireland) (represented by: A. Burnside, Solicitor, and B. van de Walle de Ghelcke and T. Snels, lawyers)
Defendant: Commission of the European Communities (represented by: X. Lewis, É. Gippini Fournier and S. Noë, acting as Agents)
Intervener in support of the defendant: Ryanair Holdings plc (Dublin, Ireland) (represented by: J. Swift, QC, V. Power, A. McCarthy and D. Hull, Solicitors, and G. Berrisch, lawyer)
Re:
Application for interim measures seeking, first, an order requiring the Commission to adopt certain measures concerning Ryanair Holdings plc's shareholding in the applicant, second, alternatively, any order to similar effect against the Commission or Ryanair Holdings plc, and, third, suspension of the operation of Commission Decision C(2007) 4600 final of 11 October 2007 rejecting the applicant's request that proceedings be opened under Article 8(4) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations (OJ 2004 L 24, p. 1) and that interim measures be adopted under Article 8(5) of that regulation.
Operative part of the order
1.The application for interim measures is dismissed.
2.Costs are reserved.