EN Official Journal of the European Union C 107/28

Action brought on 5 February 2008 — UEFA v Commission

(Case T-55/08)

(2008/C 107/48)

Language of the case: English

Parties

Applicant: Union des associations européennes de football (UEFA) (Nyon, Switzerland) (represented by: A. Bell and K. Learoyd, Solicitors)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the contested decision insofar as it approves, as a matter of Community law, the listing in the United Kingdom of the entire EURO; and

— an order that the Commission pay its own costs and UEFA's costs in relation to these proceedings.

Pleas in law and main arguments

Under Article 3a of Council Directive 89/552/EEC (1) a Member State may draw up a list of sporting or other events that are considered to be events of ‘major importance to society’. The events on the list cannot be the subject of exclusive broadcasting rights which prevent a substantial proportion of the public in that Member State from watching the event via live coverage or deferred coverage on free television.

The applicant seeks the annulment of Commission Decision 2007/730/EC of 16 October 2007 (2) by which the Commission declared that the list drawn up by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC, listing the entire UEFA European Football Championship final tournament — the EURO, was compatible with Community law.

In support of its application, the applicant submits that the Commission's decision:

— is not adopted following a clear and transparent procedure as required under Article 3a(1) of Directive 89/552/EEC;

— does not set out an adequate statement of reasons;

— is based on a manifest error of appreciation, as the Commission concluded that matches not involving any home nation team in the EURO could be considered as events of major importance for the UK society;

— contains no proper analysis of competition law or of the free movement of services and leads to a disproportionate and unjustified distortion of competition on the relevant market and restriction of the free provision of broadcasting services;

— infringes the applicant's property rights, as it results in a restriction of the way in which the applicant may market the television rights to the EURO;

— infringes the principle of proportionality, as it is neither suitable nor necessary for the objectives it purports to achieve; and

— infringes the principle of equal treatment, as it gives the applicant a disadvantage compared to other right holders.

(1) 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).

(2) Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC 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 2007 L 295, p. 12).