4.12.2004   

EN

Official Journal of the European Union

C 300/38


JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 September 2004

in Case T-310/00: MCI, Inc. v Commission of the European Communities (1)

(Competition - Merger control - Action for annulment - Interest in bringing proceedings - Powers of the Commission)

(2004/C 300/74)

Language of the case: English

In Case T-310/00: MCI, Inc., formerly MCI WorldCom, Inc. and then WorldCom, Inc., established in Ashburn, Virginia (United States of America), represented initially by K. Lasok QC, J.-Y. Art, lawyer, and B. Hartnett, barrister, and subsequently by K. Lasok QC, with an address for service in Luxembourg, supported by Federal Republic of Germany (Agents: W.-D. Plessing and B. Muttelsee-Schön), against Commission of the European Communities (Agents: initially P. Oliver, P. Hellström and L. Pignataro, and subsequently P. Oliver and P. Hellström, assisted by N. Khan, barrister, with an address for service in Luxembourg), supported by French Republic (Agents: G. de Bergues and F. Million, with an address for service in Luxembourg) — application for annulment of Commission Decision 2003/790/EC of 28 June 2000 declaring a concentration incompatible with the common market and the EEA Agreement (Case COMP/M.1741 – MCI WorldCom/Sprint) (OJ 2003 L 300, p. 1) — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 28 September 2004, in which it:

1.

Annuls Commission Decision 2003/790/EC of 28 June 2000 declaring a concentration incompatible with the common market and the EEA Agreement (Case COMP/M.1741 – MCI WorldCom/Sprint);

2.

Orders the Commission to bear, in addition to its own costs, those of MCI, Inc.;

3.

Orders the Federal Republic of Germany and the French Republic to bear their own costs.


(1)  OJ C 355 of 9.12.2000.