Case T-65/08 R: Order of the President of the Court of First Instance (Interim measures) of 30 April 2008 — Spain v Commission (Interim proceedings — Control of concentrations — Article 21 of Council Regulation (EC) No 139/2004 — Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market — Application for stay of execution — Prima facie case — Lack of urgency — Balance of interests)
Date: 2008-04-30
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), economic concentration, electrical energy, gas, merger control, real estate business, renewable energy, service

C 158/18

EN

Official Journal of the European Union

21.6.2008

Order of the President of the Court of First Instance
(Interim measures) of 30 April 2008 — Spain v
Commission

Defendant(s): Commission of the European Communities (repre-
sented by: L. Flynn and A Steiblytė)

(Case T-65/08 R)

Re:

of

(Interim proceedings — Control
concentrations —
Article 21 of Council Regulation (EC) No 139/2004 —
Conditions imposed by the Spanish authorities on parties to a
concentration declared incompatible with the common market
— Application for stay of execution — Prima facie case —
Lack of urgency — Balance of interests)

Application for
suspension of operation of debit note
No 3240912189 of 17 December 2007 relating to Commission
Decision C(2007) 4645 of 4 October 2007 cancelling the assis-
tance from the European Social Fund (ESF) granted to CPEM by
Decision C(1999) 2645 of 17 August 1999.

(2008/C 158/28)

Language of the case: Spanish

Operative part of the order

1. The application for interim measures is dismissed.

Parties

2. Costs are reserved.

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
Agent)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, F. Castillo de la Torre and É. Gippini
Fournier, acting as Agents)

Re:

5913

Application for stay of execution of Commission Decision
(Case
Final
C(2007)
No COMP/M.4685 — Enel/Acciona/Endesa)
in relation to a
procedure pursuant to Article 21 of Council Regulation (EC)
No 139/2004 of 20 January 2004 on the control of concentra-
tions between undertakings (OJ 2004 L 24, p. 1)

5 December

2007

of

Operative part of the order

1. The application for interim measures is dismissed.

2. The costs are reserved.

Order of the President of the Court of First Instance of
18 April 2008 — CPEM v Commission

(Case T-106/08 R)

(Applications for interim measures — Suspension of operation
— Further application — New fact — None — Inadmissi-
bility — Article 109 of the Rules of Procedure of the Court of
First Instance)

(2008/C 158/29)

Language of the case: French

Parties

Applicant(s): CPEM (Marseille,
Bonnefoi, lawyer)

France)

(represented by: C.

Action brought on 15 April 2008 — E.ON Energie v
Commission

(Case T-141/08)

(2008/C 158/30)

Language of the case: German

Parties

Applicant: E.ON Energie AG (Munich, Germany) (represented by:
A. Röhling, C. Krohs and F. Dietrich, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annul

the defendant's Decision C(2008) 377 Final of
30 January 2008 in Case COMP/B-1/39.326 — E.ON
Energie;

— In the alternative, reduce the amount of the fine imposed on

the applicant to an appropriate amount;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant challenges Commission Decision C(2008) 377
Final of 30 January 2008 in Case COMP/B-1/39.326 — E.ON
Energie AG. In that decision the Commission imposed a fine
on the applicant as it broke a seal affixed by representatives
of the Commission under Article 20(2)(d) of Regulation (EC)
No 1/2003 (1) and, at least negligently, infringed Article 23(1)(e)
of that regulation.