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 (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)
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Commission, France, action for failure to act, control of State aid, telecommunications industry

28.5.2005

EN

Official Journal of the European Union

C 132/29

ORDER OF THE COURT OF FIRST INSTANCE

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

of 14 February 2005

5. The Commission shall pay half of the costs.

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

(1) OJ C 106 of 30.04.2004.

(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 posi-
tion 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 reduc-
tion 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
the decision
based on Article 230 EC for annulment of
rejecting that head of complaint in the formal complaint alleg-
edly contained in a letter of 11 December 2003 sent by the
Commission to the applicants — the Court of First Instance
composed of H. Legal, President, P.
(Fourth Chamber),
Mengozzi and I. Wiszniewska-Białecka, Judges; H. Jung, Regis-
trar, 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.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 10 February 2005

in Case T-291/04 R, Enviro Tech Europe Ltd and Enviro
Tech International, Inc., v Commission of the European
Communities

(Interim measures — Directives

67/548/EEC

and

2004/73/EC)

(2005/C 132/53)

(Language of the case: English)

In Case T-291/04 R: Enviro Tech Europe Ltd, established in
Surrey (United Kingdom), and Enviro Tech International, Inc.,
established in Chicago, Illinois (United States), represented by
C. Mereu and K. Van Maldegem, lawyers, against Commission
of
the European Communities (Agents: X. Lewis and D.
Recchia, with an address for service in Luxembourg) — applica-
tion for, first, suspension of the inclusion of n-propyl-bromide
in Commission Directive 2004/73/EC of 29 April 2004,
adapting to technical progress for the 29th time Council Direc-
tive 67/548/EEC of 27 June 1967 on the approximation of
laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances
(OJ 2004 L 152, p. 1) and, second, further interim measures —
the President of the Court of First Instance made an order on
10 February 2005, the operative part of which is as follows:

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.

1. The application for interim measures is dismissed.

2. Costs are reserved.

3. It is unnecessary to rule on the applications for leave to intervene
(SFR) and

française du radiotéléphone

submitted by Société
Orange France SA.