CELEX: 62006TO0295
Language: en
Date: 2008-02-22 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 22 February 2008. # Base NV v Commission of the European Communities. # Action for annulment -Telecommunications - Article 7 of Directive 2002/21/EC - Wholesale market for voice call termination on individual mobile networks in Belgium - Significant power on the market - Commission’s comments letter - Non-actionable measure - Lack of direct concern - Inadmissibility. # Case T-295/06.

Order of the Court of First Instance (Eighth Chamber) of 22 February 2008 – Base v Commission
      (Case T-295/06)
      Action for annulment –Telecommunications – Article 7 of Directive 2002/21/EC – Wholesale market for voice call termination on individual mobile networks in Belgium – Significant power on the market – Commission’s comments letter – Non-actionable measure – Lack of direct concern – Inadmissibility
      1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230 EC; Directive of
            the European Parliament and Council 2002/21, Arts 7(2) to (5), 8(3)(d) and 16(4)) (see paras 56, 62-63, 66-69)
      2.                     Actions for annulment – Actionable measures (Art. 230 EC; Directive of the European Parliament and Council 2002/21, Art. 7(3)
            and (4) (see paras 75‑78)
      3.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned
            – Criteria (Art. 230, fourth para., EC; Directive of the European Parliament and Council 2002/21, Art. 7(3) and (5)) (see
            paras 119-121)
      Re:
      
         
               APPLICATION for annulment of the decision allegedly contained in the letter of the Commission of 4 August 2006, addressed
                  to the Institut belge des services postaux et des telecommunications (Belgian Institute of Post and Telecommunications Services)
                  containing comments, pursuant to Article 7 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March
                  2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L
                  108, p. 33), concerning a draft decision notified by that institute (Case BE/2006/0433).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as inadmissible;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Base NV to pay its own costs and the costs of the Commission;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Mobistar SA and the Kingdom of the Netherlands to pay their own costs.