Order of the Court of First Instance (Fourth Chamber) of 14 November 2008. – Transportes Evaristo Molina, SA v Commission of the European Communities.

Subject of the case

Re:

ANNULMENT of Commission Decision 2006/446/EC of 12 April 2006, relating to a proceeding under Article 81 EC (Case COMP/B-1/38.348 – Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings made by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders it not necessary to adjudicate on the application to intervene made by Repsol Comercial de Productos Petrolíferos, SA;

3. Orders Transportes Evaristo Molina, SA to bear its own costs and pay those incurred by the Commission.