Language of document :

Order of the Court of First Instance of 16 February 2006 - Centro Europa 7 v Commission

(Case T-338/04) 1

(Article 86(3) EC - Rejection of complaint - Action for annulment - Plea of inadmissibility)

Language of the case: Italian

Parties:

Applicant: Centro Europa 7 Srl (Rome, Italy) (represented by: V. Ripa di Meana and R. Mastroianni, lawyers)

Defendant: Commission of the European Communities (represented by: P. Oliver and F. Amato, Agents)

Intervener in support of the defendant: Mediaset SpA (Milan, Italy) (represented by: M. Bay, lawyer)

Application for

Annulment of the Commission's letter of 4 June 2004 [D (2004) 471] in so far as it rejects the applicant's complaint that the Italian Republic had infringed the combined provisions of Articles 86 EC and 82 EC.

Operative part of the Order

1.    The action is dismissed as inadmissible.

2.    In addition to bearing its own costs, the applicant is ordered to pay the costs incurred by the Commission and the intervener.

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1 - OJ C 262 of 23.10.2004.