CFI, 4th chamber, November 14, 2008, No C-45/08

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.