Order of the Court of First Instance of 25 May 2005 in Case T-443/03 Sociedad Operadora de Telecomunicaciones de Castilla y León, SA (Retecal) and Others v Commission of the European Communities (Competition — Concentrations — Complaint concerning an alleged failure by the Spanish authorities to fulfil their obligations — Decision to take no further action on the complaint — Inadmissibility)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), economic concentration, merger control, telecommunications

C 193/28

EN

Official Journal of the European Union

6.8.2005

ORDER OF THE COURT OF FIRST INSTANCE

3. The Kingdom of Spain shall bear its own costs.

of 25 May 2005

(1) OJ C 59 of 6.3.2004.

in Case T-443/03 Sociedad Operadora de Telecomunica-
ciones de Castilla y León, SA (Retecal) and Others v
Commission of the European Communities (1)

(Competition — Concentrations — Complaint concerning an
alleged failure by the Spanish authorities to fulfil their obli-
gations — Decision to take no further action on the
complaint — Inadmissibility)

Action brought on 31 December 2004 by SUCCESS-
MARKETING Unternehmensberatungsgesellschaft m.b.H.
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(2005/C 193/46)

(Language of the case: Spanish)

Jiménez Laiglesia,

In Case T-443/03: Sociedad Operadora de Telecomunicaciones
de Castilla y León, SA (Retecal), established in Boecillo (Spain),
Euskaltel, SA, established in Zamudio-Vizcaya (Spain), Telecable
de Asturias, SA, established in Oviedo (Spain), R Cable y Tele-
comunicaciones Galicia, SA, established in La Coruña (Spain),
Tenaria, SA, established in Cordovilla (Spain), represented by
J.
lawyer, against the Commission of the
European Communities (Agent: F. Castillo de la Torre, with an
address for service in Luxembourg), supported by the Kingdom
of Spain (Agent: L. Fraguas Gadea), by Sogecable, SA, estab-
lished in Tres Cantos, Madrid (Spain),
represented by
S. Martínez Lage and H. Brokelmann, lawyers, and by Telefó-
nica, SA, established in Madrid,
represented initially by
M. Merola and S. Moreno Sánchez, lawyers, and subsequently
by M. Merola — action seeking the annulment of the decision
of the Commission of 21 October 2003 to take no further
action on the applicants' complaint of an alleged infringement
by the Spanish authorities of Article 9(8) of Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of
concentrations between undertakings (corrected version, OJ
1990 L 257, p. 13)
the concentration
between Vía Digital and Sogecable (Case COMP/M.2845 —
Sogecable/Canal Satélite Digital/Vía Digital) — the Court of
First Instance (Fifth Chamber), composed of M. Vilaras, Presi-
dent, F. Dehousse and D. Švaby, Judges; H. Jung, Registrar,
made an order on 25 May 2005, the operative part of which is
as follows:

in the context of

1. The action is dismissed as inadmissible.

(Case T-506/04)

(2005/C 193/47)

(Language of the application: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 31
December 2004 by SUCCESS-MARKETING Unternehmensbera-
tungsgesellschaft m.b.H., Linz (Austria), represented by G. Seck-
lehner and C. Ofner, lawyers, with an address for service in
Luxembourg.

The other party before the Board of Appeal was CHIPITA
INTERNATIONAL S.A. INTERNATIONAL DIVISION, Athens.

The applicant claims that the Court should:

— set aside the decision of 15 October 2004 of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market
(Case R
39/2004-2);

(Trade Marks and Designs)

2. The applicants shall bear their own costs as well as those incurred
by the Commission, by Telefónica, SA and by Sogecable, SA.

— order the defendant to pay the costs of the proceedings.