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Valentina R., lawyer
(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
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)
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.
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.