Order of the Court of First Instance (Eighth Chamber) of 22 February
   2008 - Base v Commission

   (Case T-295/06)

   Action for annulment -Telecommunications - Article 7 of Directive
   2002/21/EC - Wholesale market for voice call termination on individual
   mobile networks in Belgium - Significant power on the market -
   Commission's comments letter - Non-actionable measure - Lack of direct
   concern - Inadmissibility

   1.                     Actions for annulment - Actionable measures -
   Meaning - Measures producing binding legal effects (Art. 230 EC;
   Directive of the European Parliament and Council 2002/21, Arts 7(2) to
   (5), 8(3)(d) and 16(4)) (see paras 56, 62-63, 66-69)

   2.                     Actions for annulment - Actionable measures
   (Art. 230 EC; Directive of the European Parliament and Council 2002/21,
   Art. 7(3) and (4) (see paras 75-78)

   3.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them - Whether directly
   concerned - Criteria (Art. 230, fourth para., EC; Directive of the
   European Parliament and Council 2002/21, Art. 7(3) and (5)) (see paras
   119-121)

   Re:

   APPLICATION for annulment of the decision allegedly contained in the
   letter of the Commission of 4 August 2006, addressed to the Institut
   belge des services postaux et des telecommunications (Belgian Institute
   of Post and Telecommunications Services) containing comments, pursuant
   to Article 7 of Directive 2002/21/EC of the European Parliament and of
   the Council of 7 March 2002 on a common regulatory framework for
   electronic communications networks and services (Framework Directive)
   (OJ 2002 L 108, p. 33), concerning a draft decision notified by that
   institute (Case BE/2006/0433).

   Operative part

   The Court:

   1.

   Dismisses the action as inadmissible;

   2.

   Orders Base NV to pay its own costs and the costs of the Commission;

   3.

   Orders Mobistar SA and the Kingdom of the Netherlands to pay their own
   costs.