Case C-51/01: Action brought on 5 February 2001 by Commission of the European Communities against Beta Television SpA (Videomusic/TMC2)
Date: 2001-04-21
Institutions: Court of Justice
Subjects: European Commission, appeal to an administrative authority, audiovisual programme, programmes industry, termination of a contract, use of aid

21.4.2001

EN

Official Journal of the European Communities

C 118/11

Is Article 3a(1)(e) of the directive to be interpreted as
meaning that the information on the identification of the
competitor must be restricted to the extent absolutely
necessary and it is therefore not permitted if, in addition
to the competitor’s name, its company logo (if it exists)
and its shop are shown?

(1) OJ 1997 L 290, p. 18.
(2) OJ 1984 L 250, p. 17.

Action brought on 5 February 2001 by Commission of
the European Communities against the Kingdom of Spain

(Case C-47/01)

(2001/C 118/16)

Action brought on 5 February 2001 by Commission of
the European Communities against Beta Television SpA
(Videomusic/TMC2)

(Case C-51/01)

(2001/C 118/17)

An action against Beta Television SpA (Videomusic/TMC2)
was brought before the Court of Justice of the European
Communities on 5 February 2001 by the Commission of the
European Communities, represented by Bernard Mongin,
assisted by Massimo Moretto, avvocato.

The applicant claims that the Court should:

— order the defendant to repay, to the Commission, EUR
382 312, together with interest as from 14 July 1999
until actual payment;

— order the defendant to pay the costs.

Pleas in law and main arguments

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 5 Febru-
ary 2001 by the Commission of the European Communities,
represented by Gregorio Valero Jordana, with an address for
service in Luxembourg at the office of Carlos Go´ mez de la
Cruz, of its Legal Service, Wagner Centre, Kirchberg.

The action, brought on the basis of an arbitration clause, seeks
the repayment of sums of money advanced in the context of
Contract No 70320, signed on 13 November 1996, in the
context of the 16:9 Action Plan to promote the broadcast of
high-definition television programmes in Europe.

The applicant claims that the Court should:

— declare that, by failing to draw up or,

in any event,
communicate to the Commission, the plan, outline or
inventory summary required by Articles 4(1) and 11 of
Council Directive 96/59/EC (1) of 16 September 1996 on
the disposal of polychlorinated biphenyls and polychlori-
nated terphenyls (PCB/PCT), the Kingdom of Spain has
failed to fulfil its obligations under that directive;

— order the Council of the European Union to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments relied on are set out in
the application.

(1) OJ 1996 L 243, p. 31.

The beneficiary, within the period laid down in the contract,
broadcast only 6 hours and 34 minutes of programmes in
16:9 format instead of the 500 hours offered and contracted
for. The Commission therefore decided to terminate the
contract, governed by Belgian law, for breach of contract by
the defendant.

Action brought on 5 February 2001 by Commission of
the European Communities against TV Internazionale
SpA

(Case C-52/01)

(2001/C 118/18)

An action against TV Internazionale SpA was brought before
the Court of Justice of the European Communities on 5 Febru-
ary 2001 by the Commission of the European Communities,
represented by Bernard Mongin, assisted by Massimo Moretto,
avvocato.