Order of the General Court (Eighth Chamber) of 18 May 2010 – Abertis Infraestructuras v Commission

(Case T-200/09)

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)

Re:

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).

Operative part

1. The action is dismissed as inadmissible.

2. Abertis Infraestructuras, SA is ordered to pay the costs.