Judgment of the Court of First Instance of 30 September 2003 in Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) v Commission of the European Communities (Competition — Concentrations — Admissibility — Pay-TV and digital interactive television services markets — Serious doubts as to compatibility with the common market — Commitments in the course of the first phase of examination — Time-limits — Modification of commitments — Insufficiency of commitments)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), competition, competition policy, merger control

C 304/22

EN

Official Journal of the European Union

13.12.2003

COURT OF FIRST INSTANCE

Assignment of Judges to Chambers

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2003/C 304/37)

of 30 September 2003

At its plenary meeting of 9 October 2003, the Court of First
Instance decided to supplement as follows the decision on the
composition of the chambers taken at the plenary meeting of
2 July 2003 (OJ 2003 C 184, p. 32):

in Case T-158/00 Arbeitsgemeinschaft der öffentlich-
rechtlichen Rundfunkanstalten der Bundesrepublik
Deutschland (ARD) v Commission of the European Com-
munities (1)

In accordance with Article 10 of the Rules of Procedure of the
Court of First Instance, for the period from 9 October 2003 to
31 August 2004, Judge Dehousse is assigned to the First
Chamber, Extended Composition, the Third Chamber and the
Third Chamber, Extended Composition.

(Competition — Concentrations — Admissibility — Pay-TV
and digital interactive television services markets — Serious
doubts as to compatibility with the common market —
Commitments in the course of the first phase of examination
— Time-limits — Modification of commitments — Insuf-
ficiency of commitments)

Designation of the Judge replacing the President of the
Court of First Instance in deciding an application for
interim measures

(2003/C 304/38)

At its plenary meeting of 9 October 2003, the Court of First
Instance decided to supplement as follows the decision taken
at the plenary meeting of 2 July 2003 (OJ 2003 C 184, p. 33)
on the designation of the Judge replacing the President of the
Court of First Instance in deciding an application for interim
measures:

In accordance with Article 106 of the Rules of Procedure of
the Court of First Instance, for the period from 9 October
2003 to 31 August 2004, Judge Tiili is designated to replace
the President of the Court of First Instance in deciding an
application for interim measures in the event that both the
President and Judge García-Valdecasas are absent or prevented
from dealing with it.

(2003/C 304/39)

(Language of the case: German)

In Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtli-
chen Rundfunkanstalten der Bundesrepublik Deutschland
(ARD), established in Cologne (Germany), represented by
P. Mailänder and A. Bartosch,
lawyers, with an address
for service in Luxembourg, against the Commission of the
European Communities (Agent: P. Wiedner), supported by
KirchPayTV GmbH & Co. KGaA, established in Unterföring
(Germany), represented by K. Metzlaff, lawyer, with an address
for service in Luxembourg, British Sky Broadcasting Group plc
(BSkyB), established in Isleworth (United Kingdom), represent-
ed by S. Wisking and D. Livingston, solicitors, with an address
for service in Luxembourg, application for annulment of
Commission Decision SG (2000) D/102552 of 21 March
2000 (Case COMP/JV.37), which declared the notified concen-
tration by which BSkyB acquired joint control of KirchPayTV
to be compatible with the common market and with the
Agreement on the European Economic Area, pursuant to
Article 6(1)(b) of Council Regulation (EEC) No 4064/89 of
21 December 1989 on the control of concentrations between
undertakings (OJ 1989 L 395, p. 1), the Court of First Instance
(Third Chamber), composed of: M.
Jaeger, President, and
K. Lenaerts and J. Azizi, Judges; D. Christensen, Administrator,
for the Registrar, gave a judgment on 30 September 2003, in
which it:

13.12.2003

EN

Official Journal of the European Union

C 304/23

1) Dismisses the application.

2) Orders the applicant to bear its own costs and to pay those of
the Commission and the interveners, KirchPayTV and BSkyB.

(1) OJ 2000 C 247 of 26.8.2000.

3. Orders the Commission to pay the costs of the proceedings
which gave rise to the Judgment of the Court of First Instance
of 16 May 2002 Rounis v Commission (T-17/01).

4.

In the present proceedings, orders the Commission to bear its
own costs and to pay one-third of the costs incurred by the
applicant.

(1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-17/01: Georgios Rounis v Commission of the
European Communities (1)

of 30 September 2003

(Officials — Articles 17(2)(a) and (b) of Annex VII to the
Staff Regulations — Transfer of a part of remuneration in
the currency of a Member State other than the country in
which the institution has its seat — Conditions — Loss —
Assessment of damages)

(2003/C 304/40)

(Language of the case: French)

In Case T-17/01, Georgios Rounis, an official of the Com-
mission of the European Communities, residing in Brussels
(Belgium), represented by É. Boigelot, lawyer, with an address
for service in Luxembourg, against the Commission of the
European Communities (Agents: J. Currall and F. Clotuche-
Duvieusart) — application for determination of the amount of
the loss for which the Commission was ordered to compensate
the applicant following annulment by the Court of First
Instance of the Commission’s decision of 24 February 2000
limiting transfer of the applicant’s emoluments to the United
Kingdom to 19 % of his net monthly earnings, the Court of
First Instance, M. Vilaras, Judge; and I. Natsinas, Administrator,
for the Registrar, has given a judgment on 30 September
2003, in which it:

in Case T-26/01: Fiocchi munizioni SpA v Commission of
the European Communities (1)

(Articles 296 EC and 298 EC — State aid granted to an
arms production undertaking — Complaint — Action for
declaration of failure to act — Inadmissibility)

(2003/C 304/41)

(Language of the case: Italian)

In Case T-26/01, Fiocchi Munizioni SpA, established in Lecco
(Italy), represented by I. Van Bael, E. Raffaelli, F. Di Gianni
and R. Antonini,
lawyers, v Commission of the European
Communities (Agent: V. Di Bucci), supported by Kingdom of
Spain (Agent: S. Ortiz Vaamonde): Application for a declar-
ation that the Commission unlawfully refrained from taking a
decision on the merits of the complaint by the applicant
concerning a State aid granted by the Kingdom of Spain to the
Santa Barbara company, the Court of First Instance (Third
Chamber, Extended Composition), composed of: K. Lenaerts,
President, P. Lindh, J. Azizi, J.D. Cooke and M. Jaeger, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 30 September 2003, in which it:

1. Orders the Commission to pay the applicant damages of
GBP 17 394,64, with interest for late payment at the annual
rate of 5,25 % annually until payment.

1. Dismisses the action as inadmissible;

2. Dismisses the remainder of the action for damages.

2. Orders the applicant to pay the costs;