Order of the President of the Court of First Instance of 30 April 2008
   - Spain v Commission

   (Case T-65/08 R)

   Interim proceedings - Control of concentrations - Article 21 of Council
   Regulation (EC) No 139/2004 - Conditions imposed by the Spanish
   authorities on parties to a concentration declared incompatible with
   the common market - Application for stay of execution - Prima facie
   case - Lack of urgency - Balance of interests

   1.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Prima facie case - Urgency - Serious and irreparable damage -
   Cumulative nature - Balancing of all the interests involved (Arts 242
   EC and 243 EC; Rules of Procedure of the Court of First Instance, Art.
   104(2)) (see paras 19-20)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Suspension of operation of a decision
   requiring a Member State to withdraw the conditions imposed on an
   undertaking - Conditions for granting - Prima facie case (Art. 242 EC;
   Rules of Procedure of the Court of First Instance, Art. 104(2)) (see
   para. 62)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Urgency - Serious and irreparable damage (Arts 242 EC and 243 EC;
   Rules of Procedure of the Court of First Instance, Art. 104(2)) (see
   paras 71-74, 80)

   4.                     Applications for interim measures - Interim
   measures - Conditions for granting - Balancing of all the interests
   involved (Art. 242 EC) (see paras 82-86)

   Re:

   APPLICATION for stay of execution of Commission Decision C(2007) 5913
   final of 5 December 2007 (Case No COMP/M.4685 - Enel/Acciona/Endesa) in
   relation to a procedure pursuant to Article 21 of Council Regulation
   (EC) No 139/2004 of 20 January 2004 on the control of concentrations
   between undertakings (OJ 2004 L 24, p. 1).

   Operative part

   The Court:

   1.

   Dismisses the application for interim measures;

   2.

   Reserves the costs.