CELEX: 62005TO0417
Language: en
Date: 2006-02-01 00:00:00
Title: Order of the President of the Court of First Instance of 1 February 2006. # Endesa, SA v Commission of the European Communities. # Application for interim measures - Control of concentrations between undertakings - Urgency. # Case T-417/05 R.

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 concentrations between undertakings – Urgency
      1.                     Applications for interim measures – Interim relief – Conditions for granting – Prima facie case – Urgency – Serious and irreparable
            damage – Cumulative requirements – Weighing-up of all the interests at stake (Art. 243 EC; Rules of Procedure of the Court
            of First Instance, Art. 104(2)) (see paras 26-27)
      2.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage –
            Burden of proof (Art. 243 EC) (see paras 32-33)
      3.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art.
            243 EC) (see paras 37-40)
      4.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art.
            243 EC; Rules of Procedure of the Court of First Instance, Art. 76a) (see paras 41, 43-44, 47-50)
      5.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art.
            243 EC; Council Regulation No 139/2004, Art. 8(3)) (see paras 52-57)
      6.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art.
            243 EC) (see paras 59-60)
      7.                     Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art.
            243 EC) (see paras 61-66)
      Re:
      
         
               APPLICATION for an order, first, for suspension of the operation of 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 control of concentrations between undertakings (OJ 2004 L 24,
                  p. 1), and, secondly, for the adoption of other interim measures
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  Reserves the costs.