Order of the Court of First Instance (Second Chamber) of 4 July 2008 – Wegenbouwmaatschappij J. Heijmans v Commission

(Case T-358/06)

Action for annulment – Decision finding an infringement of Article 81 EC – Action brought by an undertaking referred to in the reasons for a decision not addressed to it – Lack of interest in bringing proceedings – Inadmissible

1.                     Actions for annulment – Interest in bringing proceedings – Natural or legal persons – Measures of direct and individual concern to them – Action by an addressee of a statement of objections against the final decision of the Commission referring to it only in the grounds and not in the operative part – Inadmissible (Art. 230, fourth para., EC) (see paras 21-24)

2.                     Actions for annulment – Actionable measures – Meaning – Statement of objections – Not included (Art. 230 EC) (see para. 23)

3.                     Competition – Community rules – Application by national courts – Assessment of an agreement or practice examined by the Commission or having already been the subject-matter of a Commission decision – Conditions (Art. 81(1) EC) (see paras 30-31)

Re:

ACTION for annulment of Commission Decision 2007/534/EC of 13 September 2006 relating to a proceeding under Article 81 EC (Case No COMP/38.456 – Bitumen (Netherlands)) or, in the alternative, a reduction of the fine imposed on Heijmans NV and Hejmans Infrastructur BV.

Operative part

The Court:

1. Dismisses the action;

2. Orders Wegenbouwmaatschappij J. Heijmans BV to bear its own costs and to pay the costs incurred by the Commission.