Order — ECLI:EU:T:2008:48
Date: 2008-02-22
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition
Concepts: General;Applications by natural or legal persons
Procedure: Action for annulment - inadmissible
Origin: Belgium

Order of the Court of First Instance (Eighth Chamber) of 22 February 2008 – Base v Commission (Case T-295/06) 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 1. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230 EC; Directive of the European Parliament and Council 2002/21, Arts 7(2) to (5), 8(3)(d) and 16(4)) (see paras 56, 62-63, 66-69) 2. Actions for annulment – Actionable measures (Art. 230 EC; Directive of the European Parliament and Council 2002/21, Art. 7(3) and (4) (see paras 75‑78) 3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; Directive of the European Parliament and Council 2002/21, Art. 7(3) and (5)) (see paras 119-121) 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 The Court: 1. Dismisses the action as inadmissible; 2. Orders Base NV 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.