Order of the Court of First Instance (Fourth Chamber) of 14 November
   2008 - Transportes Evaristo Molina v Commission

   (Case T-45/08)

   Action for annulment - Time-limit for instituting proceedings -
   Starting point - Publication in the Official Journal - Alleged lack of
   locus standi at the date of publication - Inadmissibility

   1.                     Actions for annulment - Time-limits - Point from
   which time starts to run - Date of publication of the measure in
   question (Art. 230, fifth para., EC; Rules of Procedure of the Court of
   First Instance, Art. 102(1)) (see paras 29-30)

   2.                     Procedure - Time-limit for instituting
   proceedings - Claim barred by lapse of time - Unforeseeable
   circumstances or force majeure (Statute of the Court of Justice, Art.
   45, second para.) (see para. 30)

   3.                     Actions for annulment - Natural or legal persons
   - Locus standi - Assessment by the Community judicative alone (Art. 230
   EC) (see para. 32)

   Re:

   ANNULMENT of Commission Decision 2006/446/EC of 12 April 2006, relating
   to a proceeding under Article 81 EC (Case COMP/B-1/38.348 - Repsol CPP)
   (summary published in OJ 2006 L 176, p. 104) making binding the
   undertakings made by Repsol CPP, adopted in accordance with Article 9
   of Council Regulation (EC) No 1/2003 of 16 December 2002 on the
   implementation of the rules on competition laid down in Articles 81
   [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders it not necessary to adjudicate on the application to intervene
   made by Repsol Comercial de Productos Petrolíferos, SA;

   3.

   Orders Transportes Evaristo Molina, SA to bear its own costs and pay
   those incurred by the Commission.