CELEX: C2005/217/88
Language: en
Date: 2005-09-03 00:00:00
Title: Order of the Court of First Instance of 20 June 2005 in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (State aid — Competitor's complaint — Action for failure to act — Position taken — Manifest inadmissibility)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/40
            
         
      ORDER OF THE COURT OF FIRST INSTANCE
   
   of 20 June 2005
   in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (1)
   
   (State aid - Competitor's complaint - Action for failure to act - Position taken - Manifest inadmissibility)
   (2005/C 217/88)
   Language of the case: German
   In Case T-361/02: Deutsche Bahn AG, established in Berlin (Germany), represented by M. Schütte, lawyer, with an address for service in Luxembourg, against Commission of the European Communities (Agents: V. Kreuschitz and V. Di Bucci, with an address for service in Luxembourg), supported by the Council of the European Union (Agents: A.-M. Colaert and F. Florindo Gijón) — action for failure to act, seeking a declaration that the Commission unlawfully failed to adopt a decision on the applicant's complaint of 5 July 2002 — the Court of First Instance (First Chamber, Extended Composition), composed of B. Vesterdorf, President, J.D. Cook, R. García-Valdecasas, I. Labucka and V. Trstenjak, Judges; H. Jung, Registrar, made an order on 20 June 2005, the operative part of which is as follows:
   
               1.
            
            
               The application is dismissed as manifestly inadmissible.
            
         
               2.
            
            
               The applicant, in addition to bearing its own costs, shall pay those incurred by the Commission.
            
         
      (1)  OJ C 44 of 22.2.2003