7.2.2009   

EN

Official Journal of the European Union

C 32/35


Order of the Court of First Instance of 25 November 2008 — Fastweb v Commission

(Case T-188/07) (1)

(State aid - Subsidised purchase of digital decoders - Telecommunications - Commission decision declaring the aid to be incompatible with the common market - Decision adopted in the course of the present proceedings by the Member State not to effect recovery of the aid from the company which contested the Commission's decision in annulment proceedings - No longer any interest in bringing proceedings - No need to adjudicate)

(2009/C 32/66)

Language of the case: Italian

Parties

Applicant: Fastweb SpA (Milan, Italy) (represented by: M. Merola and T. Ubaldi, lawyers)

Defendant: Commission of the European Communities (represented by: B. Martenczuk, G. Conte and E. Righini, Agents)

Interveners in support of the defendant: Sky Italia Srl (Rome, Italy) (represented by: F. González Díaz and D. Gerard, lawyers); and Centro Europa 7 Srl (Rome) (represented by: R. Mastroianni, F. Ferraro and M. Condinanzi, lawyers)

Re:

Application for annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1).

Operative part of the order

1.

There is no longer any need to adjudicate on the present action.

2.

Each party shall bear its own costs.


(1)  OJ C 170 of 21.7.2007.