Order of the Court of First Instance of 22 February 2008 - Base v Commission
(Action for annulment -Telecommunications - Article 7 of Directive 2002/21/EC - Wholesale market for voice call termination on individual mobile networks in Belgium - Significant power on the market - Commission's comments letter - Non-actionable measure - Lack of direct concern - Inadmissibility)
Language of the case: French
Parties
Applicant: Base NV (Brussels, Belgium) (represented by: A. Verheyden, Y. Desmedt and F. Bimont, lawyers)
Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, M. Shotter and K. Mojzesowicz, Agents)
Re:
Application for annulment of the decision allegedly contained in the letter of the Commission of 4 August 2006, addressed to the Institut belge des services postaux et des telecommunications (Belgian Institute of Post and Telecommunications Services) containing comments, pursuant to Article 7 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33), concerning a draft decision notified by that institute (Case BE/2006/0433).
Operative part of the order
The Court:
1. dismisses the action as inadmissible;
2. orders the applicant to pay its own costs and the costs of the Commission;
3. orders Mobistar SA and the Kingdom of the Netherlands to pay their own costs.
____________1 - OJ C 310 of 16.12.2006.