CELEX: C2004/106/109
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the court of first instance Fourth Chamber, Extended Composition 19 February 2004 InJoined Cases T-297/01 and T-298/01: SIC – Sociedade Independente de Comunicação,SA v Commission of the European Communities (State aid — Public television— Complaint — Action for failure to act — Definition of position by the Commission— Whether aid new or existing — Request for a ruling that there is no needto adjudicate — Dispute — Compliance with an annulling judgment — Commission'sobligation to make an investigation — Reasonable period)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/56
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE FOURTH CHAMBER, EXTENDED COMPOSITION
   
   19 February 2004
   In Joined Cases T-297/01 and T-298/01: SIC – Sociedade Independente de Comunicação, SA v Commission of the European Communities (1)
   
   (State aid - Public television - Complaint - Action for failure to act - Definition of position by the Commission - Whether aid new or existing - Request for a ruling that there is no need to adjudicate - Dispute - Compliance with an annulling judgment - Commission's obligation to make an investigation - Reasonable period)
   (2004/C 106/109)
   Language of the case: Portuguese
   In Joined Cases T-297/01 and T-298/01, SIC – Sociedade Independente de Comunicação, SA, established in Carnaxide (Portugal), represented by Mes C. Botelho Moniz and E. Maia Cadete, avocats, v Commission of the European Communities (Agents: J. de Sousa Fialho Lopes and J. Buendía Sierra): Application for a declaration under Article 232 EC that the Commission has failed to fulfil its obligations under the EC Treaty, by failing to adopt a decision in relation to the complaints lodged by the applicant on 30 July 1993, 22 October 1996 and 20 June 1997, against the Portuguese Republic for infringement of Article 87 EC, and by failing, in contravention of Article 232 EC and the principle of sound administration, to take the measures to comply with the judgment of the Court of First Instance in Case T-46/97 [2000] ECR II-2125 and initiate the formal review procedure under Article 88(2) EC, the Court of First Instance (Fourth Chamber, Extended Composition), composed of V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M Vilaras, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 19 February 2004, in which it:
   
               1.
            
            
               Declares that there is no need to adjudicate on Cases T-297/01 and T-298/01.
            
         
               2.
            
            
               Orders the Commission to pay the costs.
            
         
      (1)  OJ C 84 of 06.04.2002.