EuG · T-125/89

Parties Operative part Parties In Case T-125/89, Filtrona Española SA, whose registered office is in Guadalajara, Spain, represented by José Pérez Santos, assisted by Juan Manuel Rozas Valdés, of the Madrid Bar, of Uría & Menéndez, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse, applicant, v Commission of the European Communities, represented by Norbert Koch, Legal Adviser, and Rafael Pellicer, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of its Legal Department, Centre Wagner, Kirchberg, defendant, supported by Tabacalera SA, whose registered office is in Madrid, represented by Alexander Boehlke, Rechtsanwalt, and by Antonia Gámez Moreno, abogado, of Kemmler, Rapp, Boehlke & Crosby, Brussels, with an address for service in Luxembourg at the Chambers of Victor Elvinger, 4 rue Tony Neuman, intervener, Concerning, at the present stage of the proceedings, the admissibility of an application under Article 173 of the EEC Treaty for the annulment of Commission Decision C(89)630 of 26 April 1989 ( not published ) concerning a proceeding under Article 86 of the EEC Treaty ( IV/32.426 ), THE COURT OF FIRST INSTANCE ( Second Chamber ) composed of D . Barrington, President of Chamber, A . Saggio, C . Yeraris, B . Vesterdorf and J . Biancarelli, Judges, ( The grounds of the judgment are not reproduced .) hereby : Operative part ( 1 ) Dismisses the application as inadmissible; ( 2 ) Orders the applicant to pay the costs, including those of the intervener .