Case T-146/04: Action brought on 20 April 2004 by Koldo Gorostiaga Atxalandabaso against the European Parliament
Date: 2004-06-26
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), parliamentary allowance, power of assessment

26.6.2004

EN

Official Journal of the European Union

C 168/9

The applicant claims that the Court should:

— annul Decision C (2003) 4497 final of the Commission of
the European Communities of 10 December 2003 on State
aid implemented by France for the benefit of ‘France 2’ and
‘France 3’ from 1988 to 1994, insofar as it declares that aid
to be compatible with the common market under Article
86(2) of the Treaty;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments:

Following a complaint made by the applicant, the Commission
decided to initiate a formal investigation procedure pursuant to
Article 88(2) EC into investment subsidies and capital grants
received by the television channels ‘France 2’ and ‘France 3’
from 1988 to 1994. By the contested decision, the Commission
decided to treat those measures as State aid within the meaning
of Article 87 EC but declared them compatible with the EC
Treaty under Article 86(2).

By its first plea, the applicant alleges that the statement of
reasons for the contested decision is erroneous and that the
decision infringes Article 86(2) EC and the provisions on State
aid. It disputes the Commission's finding that the activities of
the two channels in question are a service in the general
interest within the meaning of Article 86(2) and points out
that, although its own activities are almost identical, they are
not regarded as being in the general interest. It also calls into
question the financial assessment of
the aid made by the
Commission in the contested decision.

By its second plea, the applicant submits that the Commission
misapplied Directive 80/723 (1) when it decided that that direc-
tive did not apply to the broadcasting activities of public chan-
nels before 2000. On the same basis, the applicant alleges
misapplication of the Protocol on the system of public broad-
casting in the Member States, which is annexed to the EC
Treaty.

(1) Commission Directive 80/723/EEC of 25 June 1980 on the trans-
parency of financial relations between Member States and public
undertakings (OJ 1980 L 195, p. 35).

Action brought on 20 April 2004 by Koldo Gorostiaga
Atxalandabaso against the European Parliament

(Case T-146/04)

(2004/C 168/16)

(Language of the case: French)

European Communities on 20 April 2004 by Koldo Gorostiaga
Atxalandabaso, residing in Saint Pierre d'Irube (France), repre-
sented by Didier Rouget, lawyer.

The applicant claims that the Court should:

— Annul European Parliament decision of 24 February 2004
to make deductions on the allowances owing to the appli-
cant until his alleged debt to the Parliament is paid off;

— Order the defendant to pay the costs.

Pleas in law and main arguments

By the contested decision, the European Parliament found that,
in the absence of vouchers attesting to the use of the various
parliamentary allowances, the applicant, a Member of Parlia-
ment, owed the sum of EUR 118 360.18 and proceeded to
make deductions on those allowances.

The applicant contests that decision, arguing that the Parlia-
ment infringed the Rules governing the payment of expenses
and allowances to Members, inter alia on the grounds that it
was taken by the Secretary-General of the Parliament and not
by the Bureau of the Parliament, as provided for by Article 27
of those rules. The applicant also alleges that the contested
impartiality,
decision infringes the principles of objectivity,
equality and non-discrimination and also the principle that
both parties must be heard and the rights of the defence. He
also alleges that the contested decision did not contain suffi-
cient reasons and that it is a misuse of powers, since it was
adopted to attain purely political objectives. Lastly, the appli-
cant states that there has been a manifest error of appreciation
by the Parliament.

Action brought on 23 April 2004 by Brian M. Ross against
the Commission of the European Communities

(Case T-147/04)

(2004/C 168/17)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 23 April 2004 by Brian M. Ross,
residing in Morpeth (United Kingdom), represented by Eric
Boigelot, lawyer.