Order of the Court of First Instance of 26 June 2008 - Gibtelecom v Commission

(Joined Cases T-433/03, T-434/03, T-367/04 and T-244/05) ¹

(Competition - Telecommunications - Decisions not to take any further action on complaints based on Article 86 EC - Failure of the Commission to define a position on complaints based on Article 86 EC - Actions for annulment - Actions for failure to act - Action which becomes devoid of purpose in the course of proceedings - No need to adjudicate)

Language of the case: English

Parties

Applicant: Gibtelecom Ltd (Gibraltar) (represented by: M. Llamas, barrister, and B. O'Connor, solicitor)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and A. Whelan, and subsequently by F. Castillo de la Torre, Agents)

Re:

Actions for (i) annulment of the alleged decisions of the Commission of 17 October 2003, 5 July 2004 and 26 April 2005 not to take any further action in respect of two complaints calling on the Commission to act, on the basis of Article 86(3) EC, to put an end to infringements of Community law allegedly committed by the Kingdom of Spain, and (ii) a declaration under Article 232 EC that, by failing to define a position on the further action which it proposed to take with respect to certain aspects of one of those complaints, the Commission failed to fulfil its obligations under Community law.

Operative part of the order

There is no need to adjudicate on the actions;

There is no need to adjudicate on the Kingdom of Spain's application to intervene in Case T-367/04;

Gibtelecom Ltd and the Commission shall each bear their own costs.

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¹ - OJ C 59, 6.3.2004.