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Order of the Court of First Instance (Fourth Chamber) of 14 November 2008. # Transportes Evaristo Molina, SA v Commission of the European Communities. # Action for annulment - Time-limit for instituting proceedings - Starting point - Publication in the Official Journal - Alleged lack of locus standi at the date of publication - Inadmissibility. # Case T-45/08.
ECLI:EU:T:2008:499
62008TO0045
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(Case T-45/08)
Action for annulment – Time-limit for instituting proceedings – Starting point – Publication in the Official Journal – Alleged lack of locus standi at the date of publication – Inadmissibility
3. Actions for annulment – Natural or legal persons – Locus standi – Assessment by the Community judicative alone (Art. 230 EC) (see para. 32)
Re:
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).
Operative part
The Court:
1.Dismisses the action;
2.Orders it not necessary to adjudicate on the application to intervene made by Repsol Comercial de Productos Petrolíferos, SA;
3.Orders Transportes Evaristo Molina, SA to bear its own costs and pay those incurred by the Commission.