Order of the President of the Court of First Instance (Interim measures) of 30 April 2008 - Spain v Commission

(Case T-65/08 R)

(Interim proceedings - Control of concentrations - Article 21 of Council Regulation (EC) No 139/2004 - Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market - Application for stay of execution - Prima facie case - Lack of urgency - Balance of interests)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)

Re:

Application for stay of execution of Commission Decision C(2007)5913 Final of 5 December 2007 (Case No COMP/M.4685 - Enel/Acciona/Endesa) in relation to a procedure pursuant to Article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1)

Operative part of the order

1.    The application for interim measures is dismissed.

2.    The costs are reserved.

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