26.4.2008   

EN

Official Journal of the European Union

C 107/26


Order of the Court of First Instance of 22 February 2008 — Base v Commission

(Case T-295/06) (1)

(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)

(2008/C 107/44)

Language of the case: French

Parties

Applicant: Base NV (Brussels, Belgium) (represented by: A. Verheyden, Y. Desmedt and F. Bimont, lawyers)

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, M. Shotter and K. Mojzesowicz, Agents)

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 of the order

The Court:

1.

dismisses the action as inadmissible;

2.

orders the applicant 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.


(1)  OJ C 310, 16.12.2006.


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