CELEX: C2003/304/50
Language: en
Date: 2003-12-13 00:00:00
Title: Order of the Court of First Instance of 17 September 2003 in Case T-310/97: Nederlandse Antillen v Council of the European Union (Association of the overseas countries and territories — Decision 97/803/EC — Action for annulment — Inadmissibility)

13.12.2003              EN                         Official Journal of the European Union                                          C 304/27
with an address for service in Luxembourg, against Com-                    (agent: L. Fraguas Gardea), Sogecable SA, established in Madrid,
mission of the European Communities (Agents: C. Berardis-                  represented by S. Martinez Lage and H. Brokelmann, lawyers,
Kayser and F. Clotuche-Duvieusart) — application for annul-                DTS Distribuidora de Televisión Digital SA (Vía Digital),
ment of the Commission’s decision refusing to enter the                    established in Madrid, and Telefónica de Contenidos SAU,
applicant on the list of officials deemed most deserving of                established in Madrid, represented by M. Merola and S. Moreno
promotion to Grade B 2 for the 2001 promotion procedure                    Sánchez, lawyers, application for annulment of the Com-
and also the decision not to promote him — the Court of First              mission decision of 14 August 2002 referring the examination
Instance (Third Chamber), composed of K. Lenaerts, President,              of the concentration integrating DTS Distribuidora de Tele-
and J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, gave a             visión Digital SA (Via Digital) and Sogecable SA to the Spanish
judgment on 18 September 2003, the operative part of which                 competition authorities in accordance with Article 9 of Council
is as follows:                                                             Regulation (EEC) No 4064/89 of 21 December 1989 on the
                                                                           control of concentrations between undertakings (Case COMP/
1.    The application is dismissed;                                        M.2845 — Sogecable/Canalsatélite Digital/Vía Digital), the
                                                                           Court of Justice (Third Chamber), composed of A. Lenaerts,
                                                                           President, and J. Azizi and M. Jaeger, judges: Registrar: J. Palacio
2.    The parties shall bear their own costs.
                                                                           González, Principal Administrator, has delivered a judgment
                                                                           on 30 September 2003 in which it:
(1) OJ C 247 of 12.10.2002.
                                                                           (1) Joins Cases T-346/02 and T-347/02 for the purposes of the
                                                                                judgment;
                                                                           (2) Dismisses the applications;
                                                                           (3) Orders the applicants to bear their own costs and jointly and
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     severally to pay the costs of the Commission, Sogecable, Vía
                                                                                Digital and Telefónica de Contenidos in connection with the
                     of 30 September 2003                                       applicants’ actions;
                                                                           (4) Orders the Kingdom of Spain to bear its own costs.
in Joined Cases T-346/02 and T-347/02, Cableuropa SA
and others v Commission of the European Communi-
                                ties (1)                                   (1) OJ C 19 of 24.1.2003.
(Competition — Control of concentrations between under-
takings — Regulation (EEC) No 4064/89 — Decision to
refer a concentration to the national authorities — Meaning
                         of distinct market)
                          (2003/C 304/49)
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
                   (Language of the case: Spanish)
                                                                                                of 17 September 2003
                                                                           in Case T-310/97: Nederlandse Antillen v Council of the
In Joined Cases T-346/02 and T-347/02, Cableuropa SA,                                             European Union (1)
established in Madrid (Spain), Región de Murcia de Cable SA,
established in Murcia (Spain), Valencia de Cable SA, established
in Madrid, Mediterránea Sur Sistemas de Cable SA, established              (Association of the overseas countries and territories —
in Alicante (Spain), Mediterránea Norte Sistemas de Cable SA,              Decision 97/803/EC — Action for annulment — Inadmissi-
established in Castellón (Spain), represented by L. Castresana                                            bility)
Sánchez and G. Samaniego Bordiu, lawyers, with an address
for service in Luxembourg, Aunacable SA, established in                                              (2003/C 304/50)
Madrid, represented by A. Creus Carreras and N. Lacalle
Mangas, lawyers, Sociedad Operadora de Telecomunicaciones
de Castilla y León (Retecal) SA, established in Boecilli (Spain),                             (Language of the case: English)
Euskaltel SA, established in Zamudio-Bizkaia (Spain), Telecable
de Avilés SA, established in Avilés (Spain), Telecable de Ovieda
SA, established in Oviedo (Spain), Telecable de Gijón SA,
established in Gijón (Spain), R. Cable y Telecomunicaciones                In Case T-310/97, Nederlandse Antillen, represented by
Galicia SA, established in La Coruña (Spain), Tenaria SA,                  P.V.F. Bos and M. Slotboom, lawyers, with an address for
established in Cordovilla (Spain), represented by J. Jiménez               service in Luxembourg, v Council of the European Union
Laiglesia, lawyer, v Commission of the European Communites                 (Agents: J. Huber and G. Houttuin), supported by Commission
(agent: F. Castillo de la Torre), supported by Kingdom of Spain            of the European Communities (Agents: T. van Rijn and
 ---pagebreak--- C 304/28               EN                           Official Journal of the European Union                                        13.12.2003
X. Lewis), Kingdom of Spain (Agent: N. Díaz Abad) and                       1.   The application is dismissed as inadmissible;
French Republic (Agents: K. Rispal-Bellanger and C. Chavance),
APPLICATION for annulment of Council Decision 97/803/EC
                                                                            2.   The applicant is to bear its own costs and to pay those of the
of 24 November 1997 amending at mid-term, Decision 91/
                                                                                 Council;
482/EEC on the association of the overseas countries and
territories with the European Economic Community (OJ 1997
L 329, p. 50), the Court of First Instance (Third Chamber),                 3.   The interveners are to bear their own costs.
composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,
Judges; H. Jung, Registrar, has made an order on 17 September
2003, the operative part of which is as follows:                            (1) OJ C 137 of 2.5.1998.
1.    The application is dismissed as inadmissible;
2.    The applicant is to bear its own costs and to pay those of the
      Council, including those relating to the proceedings for interim
      relief;
3.    The interveners are to bear their own costs.
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
(1) OJ C 55 of 20.02.1998.
                                                                                                 of 17 September 2003
                                                                            in Case T-54/98: Aruba v Commission of the European
                                                                                                     Communities (1)
                                                                            (Association of the overseas countries and territories —
      ORDER OF THE COURT OF FIRST INSTANCE                                  Imports into the Community of sugar originating in Aruba
                                                                            — Regulation (EC) No 2553/97 — Action for annulment
                      of 17 September 2003                                                         — Inadmissibility)
in Case T-36/98: Aruba v Council of the European                                                     (2003/C 304/52)
                              Union (1)
                                                                                               (Language of the case: Dutch)
(Association of the overseas countries and territories —
Decision 97/803/EC — Action for annulment — Inadmissi-
                                bility)
                          (2003/C 304/51)                                   In Case T-54/98: Aruba, represented by P. Bos and M. Slot-
                                                                            boom, lawyers, with an address for service in Luxembourg,
                                                                            against the Commission of the European Communities (Agent:
                   (Language of the case: English)                          T. van Rijn), supported by the Council of the European Union
                                                                            (Agents: J. Huber and G. Houttuin) and by the United Kingdom
                                                                            of Great Britain and Northern Ireland (Agent: R. Magrill) —
                                                                            application for annulment of Commission Regulation (EC)
                                                                            No 2553/97 of 17 December 1997 on rules for issuing import
In Case T-36/98: Aruba, represented by P.V.F. Bos and M.
                                                                            licences for certain products covered by CN codes 1701, 1702,
Slotboom, lawyers, with an address for service in Luxembourg,
                                                                            1703 and 1704 and qualifying as ACP/OCT originating
against the Council of the European Union (Agents: J. Huber
                                                                            products (OJ 1997 L 349, p. 26) — the Court of First Instance
and G. Houttuin), supported by the Commission of the
                                                                            (Third Chamber), composed of K. Lenaerts, President, J. Azizi
European Communities (Agents T. van Rijn and X. Lewis) and
                                                                            and M. Jaeger, Judges; H. Jung, Registrar, has made an order
by the Kingdom of Spain (Agent: N. Díaz Abad) — application
                                                                            on 17 September 2003, the operative part of which is as
for annulment of Council Decision 97/803/EC of 24 Novem-
                                                                            follows:
ber 1997 amending at mid-term, Decision 91/482/EEC on the
association of the overseas countries and territories with the
European Economic Community (OJ 1997 L 329, p. 50) —
                                                                            1.   The application is dismissed as inadmissible;
the Court of First Instance (Third Chamber), composed of
K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; H. Jung,
Registrar, has made an order on 17 September 2003, the                      2.   The applicant is to bear its own costs and to pay those of the
operative part of which is as follows:                                           Commission;