Joined Cases T-309/04, T-317/04, T-329/04 and T-336/04: Judgment of the Court of First Instance of 22 October 2008 — TV 2/Danmark v Commission (State aid — Measures implemented by the Danish authorities for the public broadcaster TV 2 to finance its public service remit — Measures classified as State aid partly compatible and partly incompatible with the common market — Actions for annulment — Admissibility — Interest in bringing proceedings — Rights of the defence — Public broadcasting service — Definition and financing — State resources — Obligation to state the reasons on which the decision is based — Obligation to examine)
Date: 2008-10-22
Institutions: Court of First Instance
Subjects: State aid, action for annulment (EU), broadcasting, examination, financing, public service, rights of the defence

6.12.2008

EN

Official Journal of the European Union

C 313/23

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 15 October
2008 — Gogos v Commission

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Tserepa-Lacombe, Agents)

(Case T-66/04) (1)

(Staff case — Officials — Internal competition for change of
category — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2008/C 313/40)

Language of the case: Greek

Parties

Re:

Application for annulment of
the authority
authorised to conclude contracts of employment not to renew
the applicant's contract as a member of the temporary staff.

the decision of

Operative part of the judgment

The Court:

Applicant: Christos Gogos (Waterloo, Belgium) (represented by:
C. Tagaras initially, then N. Korogiannakis, lawyers)

1. Dismisses the action;

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent, and P. Anestis, lawyer)

2. Orders Mr Gerasimos Potamianos and the Commission to each

bear their own costs.

Re:

(1) OJ C 168, 26.6.2004.

Application for annulment of the Commission's decision classi-
fying the applicant in Grade A7, step 3, and the decision of
24 November 2003, rejecting the administrative complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission to pay all the costs.

(1) OJ C 94, 17.4.2004.

Judgment of the Court of First Instance of 15 October
2008 — Potamianos v Commission

(Case T-160/04) (1)

(Staff case — Temporary staff — Failure to renew a
fixed-term contract)

(2008/C 313/41)

Language of the case: French

Parties

Judgment of the Court of First Instance of 22 October
2008 — TV 2/Danmark v Commission

(Joined

Cases

T-309/04,

T-317/04,

T-329/04

and

T-336/04) (1)

(State aid — Measures implemented by the Danish authorities
for the public broadcaster TV 2 to finance its public service
remit — Measures classified as State aid partly compatible
and partly incompatible with the common market — Actions
for annulment — Admissibility — Interest
in bringing
proceedings — Rights of the defence — Public broadcasting
service — Definition and financing — State resources —
Obligation to state the reasons on which the decision is based
— Obligation to examine)

(2008/C 313/42)

Language of the case: English and Danish

Parties

Applicant
in Case T-309/04: TV 2/Danmark A/S (Odense,
Denmark) (represented by: O. Koktvedgaard and M. Thorninger,
Lawyers)

Applicant: Gerasimos Potamianos (Grimbergen, Belgium) (repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Intervener in support of the applicant in Case T-309/04: European
Broadcasting Union (EBU) (Grand-Saconnex, Switzerland) (repre-
sented by: A. Carnelutti, Lawyer)

C 313/24

EN

Official Journal of the European Union

6.12.2008

Applicant in Case T-317/04: Kingdom of Denmark (represented
by: J. Molde, Agent, assisted by P. Biering and K. Lundgaard
Hansen, Lawyers)

4. Orders the Commission to bear its own costs in Cases T-309/04
incurred by TV

and T-317/04,
2/Danmark A/S and the Kingdom of Denmark in those cases;

together with the

costs

Applicant in Case T-329/04: Viasat Broadcasting UK Ltd (West
Drayton, Middlesex, United Kingdom)
(S. Hjelmborg and
M. Honoré, Lawyers)

5. Orders the European Broadcasting Union (EBU), SBS TV A/S,
SBS Danish Television Ltd and Viasat Broadcasting UK Ltd each
to bear their own costs in Case T-309/04;

Interveners in support of the applicant in Case T-329/04: SBS TV
A/S, formerly TV Danmark A/S (Skovlunde, Denmark); and SBS
formerly Kanal 5 Denmark Ltd
Danish Television Ltd,
(represented by:
(Hounslow, Middlesex, United Kingdom)
D. Vandermeersch, K.-U. Karl and H. Peytz, Lawyers)

6. Orders SBS TV, SBS Danish Television and Viasat Broadcasting
UK each to bear their own costs, incurred both in their capacity as
applicants and in their capacity as interveners, in Cases T-329/04
and T-336/04;

Applicants in Case T-336/04: SBS TV A/S and SBS Danish Televi-
sion Ltd

7. Orders Viasat Broadcasting UK to pay one-tenth of

the costs
incurred by the Commission, by TV 2/Danmark A/S, by the
Kingdom of Denmark and by the EBU in Case T-329/04;

Intervener in support of the applicanst in Case T-336/04: Viasat
Broadcasting UK Ltd

Defendant
in Cases T-309/04, T-317/04, T-329/04 and
T-336/04: Commission of the European Communities (repre-
sented by:
in Cases T-309/04, T-317/04 and T-329/04 by
H. Støvlbæk and M. Niejahr, in Case T-329/04, also by N. Kahn
and in Case T-336/04 by N. Kahn and M. Niejahr, Agents)

8. Orders SBS TV and SBS Danish Television to pay one-tenth of the
costs incurred by the Commission, by TV 2/Danmark A/S, by the
Kingdom of Denmark and by the EBU in Case T-336/04;

9. Orders the Commission, TV 2/Danmark A/S, the Kingdom of
Denmark and the EBU each to bear nine-tenths of their own costs
in Cases T-329/04 and T-336/04.

Interveners in support of the defendant in Case T-309/04: SBS TV
A/S; SBS Danish Television Ltd and Viasat Broadcasting UK Ltd

(1) OJ C 262, 23.10.2004.

in support of

Interveners
in Case T-329/04 and
the defendant
T-336/04: Kingdom of Denmark; TV 2/Danmark A/S and
European Broadcasting Union (EBU)

Re:

Judgment of the Court of First Instance of 9 October 2008
— Di Bucci v Commission

APPLICATION, in Cases T-309/04 and T-317/04, for annulment
of Commission Decision 2006/217/EC of 19 May 2004 on
measures
implemented by Denmark for TV 2/Danmark
(OJ 2006 L 85, p. 1; corrigendum in OJ 2006 L 368, p. 112)
and, in the alternative, of Article 2 of that decision or of para-
graphs 3 and 4 of that Article, and,
in Cases T-329/04 and
T-336/04, for annulment of that decision in so far as it estab-
lishes the existence of State aid which is partly compatible with
the common market.

Operative part of the judgment

The Court:

1. Joins Cases T-309/04, T-317/04, T-329/04 and T-336/04 for

the purposes of the judgment;

2. Annuls Commission Decision 2006/217/EC of 19 May 2004 on

measures implemented by Denmark for TV 2/Danmark;

3. Orders TV 2/Danmark A/S, the Kingdom of Denmark and the
Commission each to bear their own costs in Cases T-309/04 R
and T-317/04 R;

(Case T-312/04) (1)

(Action for annulment — Action for damages — Staff case
— Promotion — Award of priority points)

(2008/C 313/43)

Language of the case: French

Parties

Applicant: Vittorio Di Bucci (Brussels, Belgium) (represented by:
M. van der Woude and V. Landes and,
subsequently, by
M. van der Woude, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subse-
quently,
and
D. Wealbroeck, lawyer)

and G. Berscheid, Agents,

by V.

Joris