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Order of the President of the Court of First Instance of 30 April 2008. # Kingdom of Spain v Commission of the European Communities. # Interim proceedings - Control of concentrations - Article 21 of Council Regulation (EC) No 139/2004 - Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market - Application for stay of execution - Prima facie case - Lack of urgency - Balance of interests. # Case T-65/08 R.
ECLI:EU:T:2008:136
62008TO0065
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(Case T-65/08 R)
Interim proceedings – Control of concentrations – Article 21 of Council Regulation (EC) No 139/2004 – Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market – Application for stay of execution – Prima facie case – Lack of urgency – Balance of interests
Re:
APPLICATION for stay of execution of Commission Decision C(2007) 5913 final of 5 December 2007 (Case No COMP/M.4685 – Enel/Acciona/Endesa) in relation to a procedure pursuant to Article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1).
Operative part
The Court:
1.Dismisses the application for interim measures;
2.Reserves the costs.