Case T-193/02: Action brought on 14 June 2002 by Laurent Piau against Commission of the European Communities
Date: 2002-09-14
Institutions: Court of First Instance
Subjects: action for annulment (EU), complaint to the Commission, infringement of EU law, sports body

14.9.2002

EN

Official Journal of the European Communities

C 219/21

Action brought on 14 June 2002 by Laurent Piau against
Commission of the European Communities

(Case T-193/02)

(2002/C 219/51)

(Language of the case: French)

Moreover,
the applicant alleges inadequate statement of
reasons for the decision. According to the applicant, the
Commission did not investigate the complaint on the basis of
Article 82 of the EC Treaty and did not provide reasons for the
rejection of that part of the complaint. According to the
applicant, FIFA holds a dominant position in the market in
football and abuses its position in the related market in services
linked to player transfers.

The applicant further alleges error of assessment in that, in his
view, FIFA’s rules do not comply with Article 81 of the EC
Treaty and that those rules cannot benefit from an exemption
under Article 81(3).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 June 2002 by Laurent Piau,
residing in Nantes (France), represented by Marguerite Faucon-
net, lawyer.

The applicant also claims that the Commission infringed
Article 49 of the EC Treaty. In his view, the Commission does
not have the power implicitly to confer a power to lay down
rules on the awarding of diplomas on FIFA.

The applicant claims that the Court should:

— annul the decision of the Commission of 15 April 2002;

— order the Commission to pay the cost.

Pleas in law and main arguments

On 23 March 1998, the applicant lodged a complaint with the
Commission arguing that the rules applied by FIFA to players’
agents were contrary to Community law. That complaint was
registered by the Commission which then carried out a
thorough investigation. Having heard no more as to progress
on his case, the applicant on 31 January 2001 placed the
Commission on notice and on 31 May 2001 brought an action
for failure to act (Case T-121/00 OJ 2001 C 227, p. 30). On
3 August 2001 the Commission wrote to the applicant
informing him of its intention not to uphold his complaint.
After receiving the applicant’s comments, the Commission
rejected the applicant’s complaint in view of the fact that the
most restrictive provisions were repealed after proceedings
were initiated. In the present case, the applicant contests that
decision.

the applicant alleges,

In support of his application,
first,
manifest error of assessment of the facts and of the law.
According to the applicant, the Commission’s statement that
the most restrictive of the provisions of FIFA’s rules have been
repealed is wrong. Furthermore, other aspects of the rules have
not been correctly assessed either.

Action brought on 28 June 2002 by MTU Friedrichshafen
GmbH against the Commission of the European Com-
munities

(Case T-196/02)

(2002/C 219/52)

(Language of the Case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 June 2002 by MTU Friedrichs-
hafen GmbH of Friedrichshafen (Germany), represented by
F. Montag and T. Lüubig, Lawyers.

The applicant claims that the Court should:

— annul Article 3(2) of the Commission’s Decision of
9 April 2002 on German State aid to SKL Motoren- und
Systembautechnik GmbH in so far as Germany is required
by those provisions to recover a sum of EUR 2,71 million
(DEM 5,30 million) from MTU Motoren- und Turbinen-
Union Friedrichshafen GmbH;

— order the defendant to pay the costs.