Case T-358/06: Order of the Court of First Instance of 4 July 2008 — Wegenbouwmaatschappij J. Heijmans v Commission (Action for annulment — Decision finding an infringement of Article 81 EC — Action brought by an undertaking referred to in the reasons for a decision not addressed to it — Lack of interest in bringing proceedings — Inadmissible)
Date: 2008-07-04
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, action for annulment (EU), bituminous materials, fine, inter-company agreement, oil industry, road building, unlawful agreement

C 223/42

EN

Official Journal of the European Union

30.8.2008

2. Complejo Agrícola S.A. is ordered to bear its own costs and to pay

those of the Commission;

Order of the Court of First Instance of 14 July 2008 —
Calebus v Commission

3. The Kingdom of Spain is ordered to bear its own costs.

(Case T-366/06) (1)

(1) OJ C 20, 27.1.2007.

Order of the Court of First Instance of 4 July 2008 —
Wegenbouwmaatschappij J. Heijmans v Commission

(Case T-358/06) (1)

(Action for annulment — Decision finding an infringement of
Article 81 EC — Action brought by an undertaking referred
to in the reasons for a decision not addressed to it — Lack of
interest in bringing proceedings — Inadmissible)

(2008/C 223/71)

Language of the case: Dutch

Parties

(Action for annulment — Directive 92/43/EEC — Conserva-
tion of natural habitats and of wild fauna and flora —
Decision 2006/613/EC — List of sites of Community impor-
tance for the Mediterranean biogeographical region — Chal-
lengeable act — Lack of direct effect — Inadmissible)

(2008/C 223/72)

Language of the case: Spanish

Parties

Applicant: Calebus S.A.
R. Bocanegra Sierra, lawyer)

(Almería, Spain)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Recchia, Agents)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: F. Díez Moreno, abogado del Estado)

Applicant: Wegenbouwmaatschappij
(Rosmalen,
Netherlands) (represented by: M. Smeets and A. Van den Oord,
lawyers)

J. Heijmans

Re:

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and A. Nijenhuis, Agents, assisted by
F. Wijckmans, F. Tuyschaever and L. Gyselen, lawyers)

Re:

Action for annulment of Commission Decision 2007/523/EC
decision of 13 September 2006 relating to a proceeding under
Article 81 EC (Case COMP/38.456 — Bitumen — Netherlands)
or,
the fine imposed on
in the alternative, a reduction of
Heijmans NV and Hejmans Infrastructur BV.

Operative part of the order

The Court:

1. Dismisses the action;

Partial annulment of Commission Decision 2006/613/EC of
to Council Directive
19 July 2006 adopting, pursuant
92/43/EEC, the list of sites of Community importance for the
Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in
so far as it declares the site designated as ‘Ramblas de Jergal,
Tabernas y Sur de Sierra Alhamilla’, which includes
land
belonging to the applicant, to be a site of Community impor-
tance for the Mediterranean biogeographical region.

Operative part of the order

1. The action is dismissed as inadmissible;

2. Calebus S.A. is ordered to bear its own costs and to pay those of

the Commission;

2. Orders Wegenbouwmaatschappij J. Heijmans BV to bear its own

costs and to pay the costs incurred by the Commission.

3. The Kingdom of Spain is ordered to bear its own costs.

(1) OJ C 20, 27.1.2007.

(1) OJ C 20, 27.1.2007.