Order of the General Court (Seventh Chamber) of 6 September 2010 – Portugal v Transnáutica and Commission

(Case T-385/05 TO)

Third-party proceedings – Opportunity for the third party to take part in the original case – No prejudicial effects on the rights of the third party – Inadmissibility

1.                     Procedure – Third party proceedings – Conditions for admissibility – Third party capacity (Statute of the Court of Justice, Arts 42 and 53; Rules of Procedure of the General Court, Arts 24(6) and 123(1)(c)) (see paras 15-18)

2.                     Procedure – Third party proceedings – Conditions for admissibility – Prejudicial effects on the rights of the third party (Statute of the Court of Justice, Arts 42 and 53; Rules of Procedure of the General Court, Art. 123(1)(b)) (see paras 25-28)

Re:

APPLICATION initiating third-party proceedings to contest the judgment of 23 September 2009 in Case T-385/05

Transnáutica

v

Commission

, not published in the ECR.

Operative part

1.

The third-party application is dismissed as inadmissible.

2.

The Portuguese Republic is ordered to bear its own costs and pay those incurred by Transnáutica – Transportes e Navegação, SA, including those relating to the interim proceedings.

3.

The European Commission is ordered to bear its own costs.