CELEX: C1998/209/37
Language: en
Date: 1998-07-04 00:00:00
Title: Appeal brought on 15 April 1998 by Comité d'Entreprise de la Société Française de Production, Syndicat National de Radio-diffusion et de Télévision S.N.R.T. - C.G.T., Syndicat Unifié de Radio et de Télévision S.U.R.T. - C.F.D.T., Syndicat National Force Ouvrière de Radio-diffusion et de Télévision and Syndicat National de l'Encadrement Audiovisuel S.N.E.A. - C.F.E. - C.G.C. against the order delivered on 18 February 1998 by the Second Chamber, Extended Composition of the Court of First Instance of the European Communities in Case T-189/97 between Comité d'Entreprise de la Société Française de Production and Others and the Commission of the European Communities (Case C-106/98 P)

4.7.98                EN                 Official Journal of the European Communities                                        C 209/19
Günther Bühring and the Council of the European Union               in Case T-189/97 between ComiteÂ d'Entreprise de la
and the Commission of the European Communities was                  SocieÂteÂ francËaise de production and Others and the
brought before the Court of Justice of the European                 Commission of the European Communities was brought
Communities on 14 April 1998 by Günther Bühring,                    before the Court of Justice of the European Communities
represented by Hagen Lichtenberg, of the University of              on 15 April 1998 by ComiteÂ d'Entreprise de la SocieÂteÂ
Bremen, D-28359 Bremen.                                             FrancËaise de Production, Syndicat National de Radio-dif-
                                                                    fusion et de TeÂleÂvision S.N.R.T. Ð C.G.T., Syndicat UnifieÂ
The appellant claims that the Court should:                         de Radio et de TeÂleÂvision S.U.R.T. Ð C.F.D.T., Syndicat
                                                                    National Force OuvrieÁre de Radio-diffusion et de TeÂleÂvi-
(a) set aside the judgment delivered on 4 February 1998             sion and Syndicat National de l'Encadrement Audiovisuel
     by the Court of First Instance in Case T-246/93 (1),           S.N.E.A. Ð C.F.E. Ð C.G.C., represented by HeÂleÁne
                                                                    Masse-Dessen, a lawyer with right of audience before the
(b) award the compensation applied              for   in  the       French Conseil d'EÂtat and Cour de Cassation, with an
     proceedings at first instance (2),                             address for service in Luxembourg at the Chambers of
                                                                    Guy Thomas, 77 Boulevard de la Grande Duchesse
(c)  order the respondents to pay the costs.                        Charlotte.
Pleas in law and main arguments adduced in support:                 The applicants claim that the Court should:
The appellant contests the dismissal of his action on the           Ð admit their appeal,
ground that the five-year limitation period laid down by
Article 43 of the Statute of the Court of Justice started to        Ð set aside the contested order,
run at the point in time at which he lost his holding as a
result of its forced sale. That view of the law fails to take       Ð declare the action admissible,
account of the fact that
                                                                    Ð declare their action well-founded,
(a) he had lodged appeals before the competent national
     courts against the enforcement and the sale of the
     holding at auction. Consequently, until such time as           Ð consequently, annul Commission Decision 97/238/
     those appeals were finally and absolutely rejected, the             EC (1) of 2 October 1996,
     possibility existed that the appellant might recover
     his farm,                                                      Ð order the Commission to pay the costs and to pay
                                                                         each of the applicant organisations the sum of ECU
(b) the forced sale of the appellant's holding at auction                20 000 in respect of their costs.
     was itself a direct consequence of the damage caused,
     and cannot therefore be regarded as having                     Pleas in law and main arguments adduced in support:
     interrupted the continuing loss of profits suffered by
     the appellant.                                                 The finding that the recognised representatives of workers
                                                                    are not individually concerned by the decision:
(1) OJ C 94, 28.3.1998, p. 18.
(2) OJ C 166, 17.6.1993, p. 11.                                     By giving a definition of the persons individually
                                                                    concerned which was legally incorrect since it did not take
                                                                    account of the specific situation of representatives of
                                                                    workers, as required by the distinctions already made in
                                                                    the case-law, and by misconstruing the circumstances of
                                                                    the present case, the Court of First Instance wrongly held
Appeal brought on 15 April 1998 by ComiteÂ d'Entreprise             that the applicants are not individually concerned by the
de la SocieÂteÂ FrancËaise de Production, Syndicat National         contested decision.
de Radio-diffusion et de TeÂleÂvision S.N.R.T. Ð C.G.T.,
Syndicat UnifieÂ de Radio et de TeÂleÂvision S.U.R.T. Ð             The finding that the applicants are not directly concerned
C.F.D.T., Syndicat National Force OuvrieÁre de Radio-dif-           by the contested decision:
fusion et de TeÂleÂvision and Syndicat National de l'Enca-
drement Audiovisuel S.N.E.A. Ð C.F.E. Ð C.G.C. against              All the reasoning, which consists of the assertion that
the order delivered on 18 February 1998 by the Second               there is only a possibility that withdrawal of the aid might
Chamber, Extended Composition of the Court of First                 have consequences since the undertaking's decision affects
Instance of the European Communities in Case T-189/97               those consequences, is based on an incorrect analysis of
between ComiteÂ d'Entreprise de la SocieÂteÂ FrancËaise de          the decision itself, which implies and dictates those
Production and Others and the Commission of the                     consequences and of the compulsory nature of those
                   European Communities                             considerations and on a purely theoretical analysis of the
                      (Case C-106/98 P)                             economic and social situation.
                         (98/C 209/37)
                                                                    (1) Concerning aid granted by the French State to the audiovisual
                                                                        production company SocieÂteÂ FrancËaise de Production, OJ L 95,
An appeal against the order delivered on 18 February                    10.4.1997, p. 19.
1998 by the Second Chamber, Extended Composition, of
the Court of First Instance of the European Communities