Case T-417/05 R: Order of the President of the Court of First Instance of  1 February 2006  — Endesa v Commission (Application for interim measures — Control of concentrations between undertakings — Urgency)
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), economic concentration, electrical energy, merger control, natural gas

C 86/30

EN

Official Journal of the European Union

8.4.2006

Defendant: Commission of the European Communities (repre-
sented by: K. Kańska and E. Manhaeve, Agents)

the control of concentrations between undertakings (OJ L 24,
p. 1), and, secondly, for the adoption of other interim measures

Application for

Operative part of the order

Suspension of the operation, firstly, of the Commission's deci-
sion contained in its letter of 5 October 2005 to offset debts to
the detriment of the applicant; secondly, of the Commission's
decision contained in its letter of 30 August 2005 and, thirdly,
of the debit note of 23 August 2005, No 3240705638

1. The application for interim measures is dismissed.

2. Costs are reserved.

Operative part of the order

1. The application for interim measures is dismissed;

2. Costs are reserved.

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 concentra-
tions between undertakings — Urgency)

(2006/C 86/60)

Language of the case: Spanish

Parties

Order of the President of the Court of First Instance of 7
February 2006 — Brink's Security Luxembourg v Commis-
sion

(Case T-437/05 R)

(Application for interim measures — Urgency — Absence)

(2006/C 86/61)

Language of the case: French

Parties

Applicant: Brink's Security Luxembourg (Luxembourg, Luxem-
bourg) (represented by: C. Point and G. Dauphin, lawyers)

Defendan): Commission of the European Communities (repre-
sented by: E. Manhaeve, M. Šimerdová and K. Mojzesowicz,
Agents, and by J. Stuyck, lawyer)

Intervener in support of the defendant: Group 4 Falck SA (Luxem-
bourg)
(represented by: M. Molitor, P. Lopes da Silva, N.
Cambonie and N. Bogelmann, lawyers)

Applicant: Endesa, SA (Madrid, Spain) (represented by: J. Flynn
QC, S. Baxter, Solicitor, M. Odriozola, M. Muñoz de Juan, M.
Merola and J. García de Enterría Lorenzo-Velázquez, lawyers)

Application for

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, É. Gippini Fournier, A.
Whelan and M. Schneider, Agents)

Interveners supporting the defendant: Kingdom of Spain (repre-
sented by: N. Díaz Abad, abogado del Estado) and Gas Natural
SDG, SA (Barcelona, Spain) (represented by: F.E. González Díaz
and J. Jímenez de la Iglesia, lawyers)

interim measures essentially asking, firstly, that the Commission
enjoined from signing the contract relating to Call for tenders
No 16/2005/OIL (buildings security and surveillance), secondly,
should the Commission have already concluded that contract,
that its performance be suspended until the Court has ruled on
the substance of the action and, thirdly, that the adoption of
other measures be ordered

Application for

firstly,

for suspension of

an order,
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 operation of

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.