(Case C‑36/09 P)

Appeal – Agreements, decisions and concerted practices – Service station market in Spain – Long-term exclusive fuel supply agreements – Commission decision – Right of purchase granted to certain service stations – Conditions of supply by Repsol – List of the service stations concerned – Action for annulment – Time-limits for commencing proceedings – Starting point

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 14 November 2008 in Case T‑45/08 Transportes Evaristo Molina v Commission, by which that court dismissed the action for annulment of Commission Decision 2006/446/EC of 12 April 2006 relating to a proceeding pursuant to Article 81 EC (Case COMP/B-1/38348 – Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part

The Court:

1.Dismisses the appeal;

2.Orders Transportes Evaristo Molina, SA to pay the costs.