Judgment — ECLI:EU:T:2006:219
Date: 2006-07-14
Language of the case: Spanish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Energy;Agreements, decisions and concerted practices
Concepts: Proceedings;Community dimension of a concentration;Division of powers between the Commission and the national authorities;Initiation of proceedings: notification and complaints
Procedure: Action for annulment - unfounded
Origin: Spain

Order of the President of the Court of First Instance of 1 February 2006 – Endesa v Commission (Case T-417/05 R) Application for interim measures – Control of concentrations between undertakings – Urgency 1. Applications for interim measures – Interim relief – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative requirements – Weighing-up of all the interests at stake (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 26-27) 2. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 243 EC) (see paras 32-33) 3. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 37-40) 4. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 76a) (see paras 41, 43-44, 47-50) 5. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC; Council Regulation No 139/2004, Art. 8(3)) (see paras 52-57) 6. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 59-60) 7. Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 61-66) Re: APPLICATION for an order, first, for suspension of the operation of the Commission’s letter of 15 November 2005 declaring that a concentration between Gas Natural SDG, SA, and Endesa, SA, does not have a Community dimension within the meaning of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and, secondly, for the adoption of other interim measures Operative part The Court: 1. Dismisses the application for interim measures; 2. Reserves the costs.