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Valentina R., lawyer
(Action for annulment - Time-limits for commencing proceedings - Starting point - Publication in the Official Journal - Alleged lack of locus standi at the date of publication - Inadmissibility)
(2009/C 6/63)
Language of the case: Spanish
Applicant: Transportes Evaristo Molina, SA (El Ejido, Spain) (represented by: A. Hernández Pardo, L. Ruiz Ezquerra and C. Flores Hernández, lawyers)
Defendant: Commission of the European Communities (represented by: É. Gippini, acting as Agent)
Annulment of Commission Decision 2006/446/EC of 12 April 2006, relating to a proceeding under Article 81 EC (Case COMP/B-1/38.348 — Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings made 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)
1.The action is dismissed.
2.It is not necessary to adjudicate on the application to intervene made by Repsol Comercial de Productos Petrolíferos, SA.
3.Transportes Evaristo Molina, SA shall bear its own costs and pay those incurred by the Commission.
* * *
(*) Language of the case: Spanish.
ECLI:EU:C:2009:6
(2009/C 6/63)