Order of the Court of First Instance (Second Chamber) of 4 July 2008 -
   Wegenbouwmaatschappij J. Heijmans v Commission

   (Case T-358/06)

   Action for annulment - Decision finding an infringement of Article 81
   EC - Action brought by an undertaking referred to in the reasons for a
   decision not addressed to it - Lack of interest in bringing proceedings
   - Inadmissible

   1.                     Actions for annulment - Interest in bringing
   proceedings - Natural or legal persons - Measures of direct and
   individual concern to them - Action by an addressee of a statement of
   objections against the final decision of the Commission referring to it
   only in the grounds and not in the operative part - Inadmissible (Art.
   230, fourth para., EC) (see paras 21-24)

   2.                     Actions for annulment - Actionable measures -
   Meaning - Statement of objections - Not included (Art. 230 EC) (see
   para. 23)

   3.                     Competition - Community rules - Application by
   national courts - Assessment of an agreement or practice examined by
   the Commission or having already been the subject-matter of a
   Commission decision - Conditions (Art. 81(1) EC) (see paras 30-31)

   Re:

   ACTION for annulment of Commission Decision 2007/534/EC of 13 September
   2006 relating to a proceeding under Article 81 EC (Case No COMP/38.456
   - Bitumen (Netherlands)) or, in the alternative, a reduction of the
   fine imposed on Heijmans NV and Hejmans Infrastructur BV.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders Wegenbouwmaatschappij J. Heijmans BV to bear its own costs and
   to pay the costs incurred by the Commission.