CELEX: C2000/355/74
Language: en
Date: 2000-12-09 00:00:00
Title: Case T-306/00: Action brought on 21 September 2000 by Società Italia Soc. Coop. a.r.l. against Commission of the European Communities

9.12.2000              EN                      Official Journal of the European Communities                                      C 355/35
—     infringement of Article 24(2) of Regulation (EEC)                   Action brought on 27 September 2000 by WorldCom Inc.
      No 4235/88 of 19 December 1988 laying down pro-                     against the Commission of the European Communities
      visions for implementing Regulation (EEC) No 2052/88
      as regards coordination of the activities of the different
      Structural Funds between themselves and with the oper-                                      (Case T-310/00)
      ations of the European Investment Bank and the other
      existing financial instruments (1). It claims in this respect                               (2000/C 355/75)
      that the irregularities discovered have not affected the
      functioning of the project or the conditions for action,
      that the project has been fully implemented and no
      objection has been made by the Commission in that                                      (Language of the case: English)
      connection and that the defendant has withdrawn the
      aid, when it has the power only to suspend or reduce aid;           An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
—     breach of the principle of proportionality.                         European Communities on 27 September 2000 by WorldCom
                                                                          Inc., Mississippi (USA), represented by K.P.E. Lasok QC, Brian
                                                                          Hartnett and Jean-Yves Art of Squire Sanders & Dempsey,
(1) OJ L 374 of 31. 12. 1988, p. 1.                                       Brussels.
                                                                          The applicant claims that the Court should:
                                                                          —     annul Article 1 of the Commission Decision C(2000)
                                                                                1693 final of 28 June 2000 in Case No COMP/M.1741
                                                                                — MCI WorldCom/Sprint; and
Action brought on 21 September 2000 by Società Italia
Soc. Coop. a.r.l. against Commission of the European                      —     order the Commission to pay the applicant’s costs.
                          Communities
                         (Case T-306/00)                                  Pleas in law and main arguments
                         (2000/C 355/74)                                  By Article 1 of the contested decision, the Commission
                                                                          declared incompatible with the common market and the
                                                                          functioning of the EEA agreement a proposed concentration
                   (Language of the case: Italian)                        between WorldCom and Sprint Corporation.
An action against the Commission of the European Communi-                 The applicant seeks the annulment of the contested decision
ties was brought before the Court of First Instance of the                on the following grounds:
European Communities on 21 September 2000 by Società
Italia Soc. Coop. a.r.l., established at S. Lazzaro di Savena,
represented by Maria Averani, Andrea Pisaneschi and Stefano               —     The proposed concentration fell outside the scope of the
Zunarelli, lawyers, with an address for service in Luxembourg                   merger regulation, because the merger thresholds were
at the Chambers of Charles Turk, 13b Avenue Guillaume.                          not satisfied when the contested decision was adopted;
                                                                          —     The Commission lacked competence to adopt the contest-
The applicant claims that the Court should:
                                                                                ed decision because, prior to its adoption, the parties had
                                                                                withdrawn their notification and their proposed remedies;
—     annul, pursuant to the second paragraph of Article 230
      EC, the Commission’s decision of 11 July 2000 (C (2000)
      1752);                                                              —     The Commission erred in defining the relevant service
                                                                                market;
—     order the Commission to pay the costs.
                                                                          —     The Commission erred in finding that the proposed
                                                                                concentration would create a dominant position;
Pleas in law and main arguments
                                                                          —     The Commission committed a series of procedural errors
                                                                                in the course of its investigation of the notified concen-
The pleas in law and main arguments are similar to those put
                                                                                tration.
forward in Case C-305/00 Conserve Italia v Commission.