Case T-27/01: Action brought on 5 February 2001 by Carmine Salvatore Tralli against the European Central Bank
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), probationary period

C 134/24

EN

Official Journal of the European Communities

5.5.2001

Action brought on 5 February 2001 by Carmine Salvatore
Tralli against the European Central Bank

The applicants claim that the Court should:

(Case T-27/01)

(2001/C 134/53)

(Language of the case: German)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 5 February 2001 by Carmine Salvatore Tralli, of Nidderau
(Germany), represented by Norbert Pflüger, Regina Steiner and
Silvia Mittländer, Rechtsanwälte, with an address for service in
Luxembourg.

— annul, in whole or in part, the Commission’s decision
under Article 3(a) of Directive 89/552/EEC (as amended)
that measures taken by the United Kingdom to ensure
that broadcasters within its jurisdiction do not broadcast
events of major importance for society on an exclusive
basis are compatible with Community law, and communi-
cating the UK measures to the other Member States so as
to oblige them to ensure that broadcasters within their
respective jurisdictions comply with the UK measures;

— declare under Article 241 EC that Article 3(a) TWF
Directive, in whole or in part, is inapplicable and cannot
serve as a basis for the Commission’s decision; and

— order the Commission to pay all

the costs of

the

The applicant claims that the Court should:

proceedings.

(1)

annul the defendant’s decision, contained in a document
dated 29 January 2001, rejecting the applicant’s com-
plaint;

(2)

annul the unilateral extension of the applicant’s pro-
bationary period;

(3) order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
advanced in Case T-373/00 Tralli v ECB (not yet published).

Action brought on 12 February 2001 by Kirch Media
GmbH & Co KgaA and Kirchmedia WM AG against the
Commission of the European Communities

(Case T-33/01)

(2001/C 134/54)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 February 2001 by Kirch Media
GmbH & Co KgaA, a company incorporated under Germany
law and Kirchmedia WM AG, a company incorporated under
Swiss law, represented by Professor Carl Otto Lenz, Andreas
Bardong and Edward William Batchelor, of Baker & McKenzie,
London (UK).

Pleas in law and main arguments

The present application requests the annulment of the decision
of the Commission of or around 18 November 2000 under
Article 3(a) of Directive 89/552, 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 (1) (the Directive).
In that decision the Commission found compatible with
Community Law United Kingdom (UK) measures prohibiting
broadcasters from broadcasting certain listed sporting events
in a way that deprived a substantial proportion of the UK from
viewing them and communicated the UK measures to the
other Member States in order to ensure that broadcasters
within their respective jurisdictions comply with the UK
measures.

In support of their claims, the applicants submit that the
decision infringes:

— the principle of proportionality,

— the applicants’ right to property by fundamentally affect-
ing its ability to dispose of its World Cup rights, thereby
affecting their value,

— the applicants’ freedom to carry on an economic activity
by affecting their ability to undertake their business in
the managing, marketing and sale of the World Cup
rights,

— the principle of the protection of legitimate expectations
and the principle of non-retroactivity by applying
measures to rights which the applicants purchased before
the entry into force of the UK measures or Article 3(a) of
the Directive,