# C_2006048EN.01002501.xml

| 25.2.2006 | EN | Official Journal of the European Union | C 48/25 |
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25.2.2006

EN

Official Journal of the European Union

C 48/25

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Judgment of the Court of First Instance of 15 December 2005 — Infront WM AG v Commission of the European Communities

(Case T-33/01) (1)

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(Television broadcasting - Directive 89/552/EEC - Directive 97/36/EC - Article 3a - Events of major importance for society - Admissibility - Infringement of essential procedural requirements)

(2006/C 48/46)

Language of the case: English

Parties

Applicant(s): Infront WM AG, formerly KirchMedia WM AG (Zug (Switzerland)) (represented initially by C. Lenz, A. Bardong, lawyers, and E. Batchelor, Solicitor, and subsequently by C. Lenz, E. Batchelor, R. Denton, Solicitors, F. Carlin, Barrister, and M. Clough QC)

Applicant(s):

Defendant(s): Commission of the European Communities (represented by: K. Banks and M. Huttunen, acting as Agents, and by J. Flynn QC)

Defendant(s):

:

Intervener(s) in support of the defendant(s): French Republic, represented by G. de Bergues, acting as Agent, United Kingdom of Great Britain and Northern Ireland, represented initially by J. Collins and subsequently by R. Caudwell and finally by M. Berthell and by K. Parker QC, European Parliament, represented by C. Pennera and M. Moore, acting as Agents, and Council of the European Union, represented by A. Lopes Sabino and M. Bishop, acting as Agents,

Intervener(s) in support of the defendant(s):

Application for

annulment of the alleged decision of the Commission adopted under Article 3a of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23), as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (OJ 1997 L 202, p. 60),

Operative part of the judgment

The Court:

| 1) | annuls the decision of the Commission contained in its letter of 28 July 2000 to the United Kingdom of Great Britain and Northern Ireland; |
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1)

annuls the decision of the Commission contained in its letter of 28 July 2000 to the United Kingdom of Great Britain and Northern Ireland;

| 2) | dismisses the remainder of the action; |
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2)

dismisses the remainder of the action;

| 3) | orders the French Republic, the United Kingdom of Great Britain and Northern Ireland and the Parliament to bear the applicant's costs arising from their interventions; |
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3)

orders the French Republic, the United Kingdom of Great Britain and Northern Ireland and the Parliament to bear the applicant's costs arising from their interventions;

| 4) | orders the Commission to bear its own costs and those of the applicant, apart from those referred to at 3, above; |
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4)

orders the Commission to bear its own costs and those of the applicant, apart from those referred to at 3, above;

| 5) | orders the interveners to bear their own costs. |
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5)

orders the interveners to bear their own costs.

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(1)  OJ C 134 of 05. 05. 2001.

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