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. |