CELEX: 62006TO0358
Language: en
Date: 2008-07-04 00:00:00
Title: Order of the Court of First Instance (Second Chamber) of 4 July 2008.#Wegenbouwmaatschappij J. Heijmans BV v Commission of the European Communities.#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.#Case T-358/06.

Order of the Court of First Instance (Second Chamber) of 4 July 2008 – Wegenbouwmaatschappij J. Heijmans v Commission
      (Case T-358/06)
      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
      1.                     Actions for annulment – Interest in bringing proceedings – Natural or legal persons – Measures of direct and individual concern
            to them – Action by an addressee of a statement of objections against the final decision of the Commission referring to it
            only in the grounds and not in the operative part – Inadmissible (Art. 230, fourth para., EC) (see paras 21-24)
      2.                     Actions for annulment – Actionable measures – Meaning – Statement of objections – Not included (Art. 230 EC) (see para. 23)
      3.                     Competition – Community rules – Application by national courts – Assessment of an agreement or practice examined by the Commission
            or having already been the subject-matter of a Commission decision – Conditions (Art. 81(1) EC) (see paras 30-31)
      Re:
      
         
               ACTION for annulment of Commission Decision 2007/534/EC of 13 September 2006 relating to a proceeding under Article 81 EC
                  (Case No COMP/38.456 – Bitumen (Netherlands)) or, in the alternative, a reduction of the fine imposed on Heijmans NV and Hejmans
                  Infrastructur BV.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Wegenbouwmaatschappij J. Heijmans BV to bear its own costs and to pay the costs incurred by the Commission.