Judgment of the Court of First Instance of 28 September 2004 in Case T-310/00: MCI, Inc. v Commission of the European Communities (Competition — Merger control — Action for annulment — Interest in bringing proceedings — Powers of the Commission)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, Internet, action for annulment (EU), dominant position, economic concentration, merger control, telecommunications

C 300/38

EN

Official Journal of the European Union

4.12.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the Federal Republic of Germany and the French Republic

to bear their own costs.

of 28 September 2004

(1) OJ C 355 of 9.12.2000.

in Case T-310/00: MCI, Inc. v Commission of the European
Communities (1)

(Competition — Merger control — Action for annulment —
Interest in bringing proceedings — Powers of the Commis-
sion)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2004/C 300/74)

of 30 September 2004

(Language of the case: English)

in Case T-246/02: Albano Ferrer de Moncada v Commis-
sion of the European Communities (1)

for

In Case T-310/00: MCI, Inc., formerly MCI WorldCom, Inc. and
then WorldCom, Inc., established in Ashburn, Virginia (United
States of America), represented initially by K. Lasok QC, J.-Y.
Art, lawyer, and B. Hartnett, barrister, and subsequently by K.
service in Luxembourg,
Lasok QC, with an address
supported by Federal Republic of Germany (Agents: W.-D. Ples-
sing and B. Muttelsee-Schön), against Commission of the Euro-
pean Communities (Agents: initially P. Oliver, P. Hellström and
L. Pignataro, and subsequently P. Oliver and P. Hellström,
assisted by N. Khan, barrister, with an address for service in
Luxembourg), supported by French Republic (Agents: G. de
Bergues and F. Million, with an address for service in Luxem-
bourg) — application for annulment of Commission Decision
2003/790/EC of 28 June 2000 declaring a concentration
incompatible with the common market and the EEA Agree-
ment (Case COMP/M.1741 – MCI WorldCom/Sprint) (OJ 2003
L 300, p. 1) — the Court of First Instance (Second Chamber),
composed of
J. Pirrung, President, A.W.H. Meij and N.J.
Forwood, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 28 September 2004, in which it:

1. Annuls Commission Decision 2003/790/EC of 28 June 2000
declaring a concentration incompatible with the common market
and the EEA Agreement
(Case COMP/M.1741 – MCI
WorldCom/Sprint);

2. Orders the Commission to bear, in addition to its own costs, those

of MCI, Inc.;

(Officials — Staff report — Delay in drawing up —
Damages)

(2004/C 300/75)

(Language of the case: French)

first, annulment of

In Case T-246/02: Albano Ferrer de Moncada, an official of the
Commission of the European Communities, residing in Luxem-
bourg (Luxembourg), represented by G. Vandersanden, L. Levi
and A. Finchelstein, lawyers, against Commission of the Euro-
pean Communities (Agents: C. Berardis-Kayser, assisted by
D. Waelbroeck, lawyer, with an address for service in Luxem-
bourg) — application for,
the decision
whereby the Commission impliedly rejected the applicant's
claim of 28 August 2001 for damages owing to the delay in
reference periods
drawing up his
1995/1997 and 1997/1999 and, in so far as necessary, of the
decision whereby the Commission impliedly rejected the appli-
cant's complaint of 14 January 2002 and, second, damages in
respect of the loss sustained by the applicant owing to the
delay in drawing up those staff reports, the Court of First
Instance (Third Chamber), composed of
J. Azizi, President,
J. Jaeger and F. Dehousse, Judges; H. Jung, Registrar, has deliv-
ered a judgment on 30 September 2004, in which it:

reports

staff

the

for