# C_2005132EN.01002901.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/29 |
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28.5.2005

EN

Official Journal of the European Union

C 132/29

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ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 14 February 2005

in Case T-81/04 Bouygues SA and Bouygues Telecom v Commission of the European Communities (1)

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(State aid - Mobile telephony - Complaint - Action in respect of a failure to act - Definition of position by the Commission bringing an end to the failure to act - No need to give a ruling - Action for annulment - Interim letter - Inadmissibility)

(2005/C 132/52)

Language of the case: French

In Case T-81/04: Bouygues SA, established in Paris (France), and Bouygues Telecom, established in Boulogne-Billancourt (France), represented by B. Amory and A. Verheyden, lawyers, against Commission of the European Communities (Agents: J.L. Buendía Sierra, C. Giolito and M. Niejahr, with an address for service in Luxembourg) — principally, an application under Article 232 EC for a declaration that, by not defining its position on the head of complaint, set out in the applicants' formal complaint, relating to the aid granted by the French authorities to Orange France and SFR in the form of a retroactive reduction in the royalty payments due in respect of the UMTS (Universal Mobile Telecommunications System) licence granted to those undertakings, the Commission failed to take a decision, contrary to the EC Treaty, and, in the alternative, an application based on Article 230 EC for annulment of the decision rejecting that head of complaint in the formal complaint allegedly contained in a letter of 11 December 2003 sent by the Commission to the applicants — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Mengozzi and I. Wiszniewska-Białecka, Judges; H. Jung, Registrar, made an order on 14 February 2005, the operative part of which is as follows:

| 1. | It is unnecessary to rule on the pleas in law seeking a declaration that the Commission failed to take a decision on the head of complaint, contained in the applicants' formal complaint, relating to the retroactive reduction of the royalty payments due in respect of the UMTS licence granted to Orange and SFR by the French authorities. |
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1.

It is unnecessary to rule on the pleas in law seeking a declaration that the Commission failed to take a decision on the head of complaint, contained in the applicants' formal complaint, relating to the retroactive reduction of the royalty payments due in respect of the UMTS licence granted to Orange and SFR by the French authorities.

| 2. | The alternative pleas in law seeking annulment of the decision contained in the Commission's letter of 11 December 2003 are rejected as being inadmissible. |
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2.

The alternative pleas in law seeking annulment of the decision contained in the Commission's letter of 11 December 2003 are rejected as being inadmissible.

| 3. | It is unnecessary to rule on the applications for leave to intervene submitted by Société française du radiotéléphone (SFR) and Orange France SA. |
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3.

It is unnecessary to rule on the applications for leave to intervene submitted by Société française du radiotéléphone (SFR) and Orange France SA.

| 4. | Bouygues SA and Bouygues Telecom shall pay half of the costs. |
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4.

Bouygues SA and Bouygues Telecom shall pay half of the costs.

| 5. | The Commission shall pay half of the costs. |
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5.

The Commission shall pay half of the costs.

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(1)  OJ C 106 of 30.04.2004.

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