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Case T-54/07: Order of the General Court of 21 January 2011 — Vtesse Networks Ltd v Commission (Application for annulment — State aid — Telecommunications — Tax on non-domestic property of undertakings in the United Kingdom — Decision finding that the measure at issue does not constitute aid — No individual concern — Inadmissibility)

ECLI:EU:UNKNOWN:62007TB0054

62007TB0054

January 21, 2011
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12.3.2011

Official Journal of the European Union

C 80/18

(Case T-54/07)(1)

(Application for annulment - State aid - Telecommunications - Tax on non-domestic property of undertakings in the United Kingdom - Decision finding that the measure at issue does not constitute aid - No individual concern - Inadmissibility)

2011/C 80/35

Language of the case: English

Parties

Applicant: Vtesse Networks Ltd (Hertford, Hertfordshire, United Kingdom) (represented by: H. Mercer, Barrister, and J. Ballard, Solicitor)

Defendant: European Commission (represented by: N. Khan and H. van Vliet, Agents)

Interveners in support of the applicant: AboveNet Communications UK Ltd, (London, United Kingdom); Gamma Telecom Ltd (Newbury, Berkshire, United Kingdom) and VTL (UK) Ltd (Egham, Surrey, United Kingdom), represented by I. Forrester QC, C. Arhold and K. Struckmann, lawyers)

Interveners in support of the defendant: British Telecommunications plc, (London, United Kingdom), (represented by G. Robert and C. Berg, Solicitors) and United Kingdom of Great Britain and Northern Ireland (represented by V. Jackson, Agent, and by C. Vajda QC and T. Morshead, Barrister)

Re:

Application for annulment in part of Commission Decision 2006/951/EC of 12 October 2006 on the United Kingdom’s application of the tax on non-domestic property to telecommunications infrastructure in the United Kingdom (No C-4/2005 (ex NN 57/2004, ex CP 26/2004)) (OJ 2006 L 383, p. 70)

Operative part of the order

1.The application is dismissed as inadmissible.

2.Vtesse Networks Ltd shall bear its own costs and pay the costs of the European Commission.

3.The United Kingdom of Great Britain and Northern Ireland, AboveNet Communications UK Ltd, Gamma Telecom Ltd, VTL (UK) Ltd and British Telecommunications plc shall bear their own costs.

(1)

OJ C 82, 14.4.2007.

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