Case T-433/03: Action brought on 24 December 2003 by Gibtelecom Limited against the Commission of the European Communities
Date: 2004-03-06
Institutions: Court of First Instance
Subjects: European Commission, Gibraltar, Spain, action for annulment (EU), competition, dominant position, telecommunications

6.3.2004

EN

Official Journal of the European Union

C 59/29

Pleas in law and main arguments

Following the judgment of the Court of First Instance in Case
T-17/95 (1), the Commission adopted an amendment of the
rules relating to the criteria applicable to appointment in grade
and classification in scale on recruitment, which entitled
officials to seek a review of their classification on entering the
service. By the contested decision, the Commission confirmed
the applicant’s classification in Grade A 7 on the date of his
recruitment and, accordingly, rejected a request for reclassifi-
cation submitted by the applicant.

In support of his action, the applicant relies on a failure to
state reasons in the contested decision, a manifest error of
assessment and alleged discrimination between the applicant,
whose request for reclassification was rejected, and other
officials who, with less professional experience than the
applicant, were none the less reclassified in the higher grade of
the career bracket.

(1) Judgment of the Court of First Instance of the European Communi-
ties of 5 October 1995, published in OJ C 315, 25.11.95, p. 14.

Action brought on 24 December 2003 by Gibtelecom
Limited against the Commission of the European Com-
munities

(Case T-433/03)

(2004/C 59/46)

(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 24 December 2003 by Gibtelecom
Limited, Gibraltar, represented by Mr M. Llamas, Barrister and
Mr B. O’Connor Solicitor.

The applicant claims that the Court should:

— Annul the Commission’s decision of 17 October 2003
rejecting the complaint brought by Gibtelecom under
Article 86 EC in conjunction with Article 82 EC;

— order the Commission to pay Gibtelecom’s costs.

Article 82 EC in refusing to conclude a cross-border roaming
(GSM) agreement with the applicant. The applicant
later
converted that complaint into a complaint under Article 86
(EC,
in conjunction with Articles 82 EC, 49 EC and 12
EC, against Spain alleging that Telefonica was acting under
instructions from the Spanish Government which claims
sovereignty over Gibraltar.

In support of its application, the applicant invokes a series of
alleged manifest errors of assessment of the contested decision.
According to the applicant, the Commission erred in consider-
ing that Telefonica is not a public undertaking or that it enjoys
special rights within the meaning of article 86 EC. The
applicant further alleges that Telefonica is in a dominant
position and that there is an appreciable effect on trade and
on competition of the refusal to conclude an agreement with
the applicant. In the context of the same plea the applicant
argues that the Commission’s assessment that consumers in
Gibraltar have access to mobile telecommunications services
in Spain is manifestly unsound and that there is no suitable
alternative to the Commission’s intervention.

to inadequate reasoning and a violation of

The applicant further puts forward a number of procedural
and administrative grounds for annulment referring, in this
context,
the
applicant’s legitimate expectations which allegedly arose as a
result of a letter sent on 7 June 2000 by three members of the
Commission to Spain and the United Kingdom, requesting the
two countries, among other things, to find a solution to the
complaint about roaming. The applicant further submits, in
the context of the same plea, that the Commission has failed
to act impartially and that it has breached the principle
requiring it to act within a reasonable period.

Action brought on 24 December 2003 by Gibtelecom
Limited against the Commission of the European Com-
munities

(Case T-434/03)

(2004/C 59/47)

(Language of the case: English)

Pleas in law and main arguments

By the contested decision the Commission rejected a complaint
filed by the applicant on 14 May 1996 alleging that the
Spanish telecommunications operator, Telefonica SA, had
committed a series of abuses of dominant position contrary to

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 December 2003 by Gibtelecom
Limited, Gibraltar, represented by Mr M. Llamas Barrister and
Mr B. O’Connor Solicitor.