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Action for annulment – Concentrations – Decision to close the procedure initiated under Article 21(4) of Regulation (EC) No 139/2004 – Period within which proceedings must be brought – Starting point – Inadmissibility
Actions for annulment – Time-limits – Point from which time starts to run – Measure not notified to the applicant (Art. 230, fifth para., EC) (see paras 47, 63)
APPLICATION to annul the Commission’s decision of 13 August 2008 to close the procedure initiated under Article 21(4) of Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), in relation to a concentration transaction between the applicant and Autostrade SpA (Case COMP/M.4388 – Abertis/Autostrade).
1.The action is dismissed as inadmissible.
2.Abertis Infraestructuras, SA is ordered to pay the costs.