Order of the Court of First Instance (Second Chamber) of 16 February
   2006 - Centro Europa 7 v Commission

   (Case T-338/04)

   Article 86(3) EC - Rejection of complaint - Action for annulment - Plea
   of inadmissibility

   Applications for interim measures - Actionable measures (Art. 86(1) and
   (3) EC) (see paras 36-38)

   Re:

   APPLICATION for annulment of the Commission's letter of 4 June 2004 [D
   (2004) 471] in so far as it rejects the applicant's complaint that the
   Italian Republic had infringed the combined provisions of Articles 86
   EC and 82 EC

   Operative part

   The Court:

   1.

   Dismisses the action as inadmissible;

   2.

   Orders the applicant, in addition to bearing its own costs, to pay the
   costs incurred by the Commission and the intervener.