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Document C2005/217/88

Order of the Court of First Instance of 20 June 2005 in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (State aid — Competitor's complaint — Action for failure to act — Position taken — Manifest inadmissibility)

JO C 217, 3.9.2005, p. 40–40 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

3.9.2005   

EN

Official Journal of the European Union

C 217/40


ORDER OF THE COURT OF FIRST INSTANCE

of 20 June 2005

in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (1)

(State aid - Competitor's complaint - Action for failure to act - Position taken - Manifest inadmissibility)

(2005/C 217/88)

Language of the case: German

In Case T-361/02: Deutsche Bahn AG, established in Berlin (Germany), represented by M. Schütte, lawyer, with an address for service in Luxembourg, against Commission of the European Communities (Agents: V. Kreuschitz and V. Di Bucci, with an address for service in Luxembourg), supported by the Council of the European Union (Agents: A.-M. Colaert and F. Florindo Gijón) — action for failure to act, seeking a declaration that the Commission unlawfully failed to adopt a decision on the applicant's complaint of 5 July 2002 — the Court of First Instance (First Chamber, Extended Composition), composed of B. Vesterdorf, President, J.D. Cook, R. García-Valdecasas, I. Labucka and V. Trstenjak, Judges; H. Jung, Registrar, made an order on 20 June 2005, the operative part of which is as follows:

1.

The application is dismissed as manifestly inadmissible.

2.

The applicant, in addition to bearing its own costs, shall pay those incurred by the Commission.


(1)  OJ C 44 of 22.2.2003


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