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Case T-358/06: Order of the Court of First Instance of 4 July 2008 — Wegenbouwmaatschappij J. Heijmans v Commission (Action for annulment — Decision finding an infringement of Article 81 EC — Action brought by an undertaking referred to in the reasons for a decision not addressed to it — Lack of interest in bringing proceedings — Inadmissible)

ECLI:EU:UNKNOWN:62006TB0358

62006TB0358

January 1, 2006
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30.8.2008

Official Journal of the European Union

C 223/42

(Case T-358/06)

(Action for annulment - Decision finding an infringement of Article 81 EC - Action brought by an undertaking referred to in the reasons for a decision not addressed to it - Lack of interest in bringing proceedings - Inadmissible)

(2008/C 223/71)

Language of the case: Dutch

Parties

Applicant: Wegenbouwmaatschappij J. Heijmans (Rosmalen, Netherlands) (represented by: M. Smeets and A. Van den Oord, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bouquet and A. Nijenhuis, Agents, assisted by F. Wijckmans, F. Tuyschaever and L. Gyselen, lawyers)

Re:

Action for annulment of Commission Decision 2007/523/EC decision of 13 September 2006 relating to a proceeding under Article 81 EC (Case COMP/38.456 — Bitumen — Netherlands) or, in the alternative, a reduction of the fine imposed on Heijmans NV and Hejmans Infrastructur BV.

Operative part of the order

The Court:

1.Dismisses the action;

2.Orders Wegenbouwmaatschappij J. Heijmans BV to bear its own costs and to pay the costs incurred by the Commission.

(<span class="super">1</span>) OJ C 20, 27.1.2007.

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