CELEX: C1998/007/68
Language: en
Date: 1998-01-10 00:00:00
Title: Action brought on 5 November 1997 by Anthony Goldstein against the Commission of the European Communities (Case T-286/97)

10. 1. 98             EN                Official Journal of the European Communities                                   C 7/25
the Merger Regulation. As regards, specifically, the               Pleas in law and main arguments adduced in support:
geographical allocation of turnover, the applicant states
that a substantial part of the bank's loan portfolios
comprised loans made to Finnish borrowers that were                The applicant, who has also brought in Cases T-235/95 (1)
denominated in foreign currencies and were payable as to           and T-262/97 (2), challenges the inaction of the
interest and capital outside Finland.                              Commission in relation to a complaint, concerning the
                                                                   alleged anti-competitive practices on the part of the
                                                                   General Medical Council (GMC), a statutory body which
                                                                   regulates the medical profession in the territory of the
In relation to the calculation of aggregate turnover for the       United Kingdom. On August 1993 the applicant, a
undertakings concerned for the purposes of the two-thirds          community medical specialist in rheumatology, submitted
rule, the applicant submits that the branches or                   to the Commission pursuant to Article 3 (2) of Council
subsidiaries of UBF and KOP in London, Luxembourg and              Regulation No 17 an application for a finding that the
Zurich should be regarded as separate undertakings so              GMC had infringed Articles 85 and 86 of the EC Treaty.
that, unless they also derived two-thirds of their turnover        According to the applicant's complaint, the GMC:
from Finland, the two-thirds test would not be satisfied by
each of the undertakings concerned'.
                                                                   Ð restricts persons holding a Community Medical
                                                                       Specialist Diploma issued pursuant to Council
                                                                       Directive 93/16/EC from having their specialist status
The applicant finally submits that the time taken to
                                                                       publicized in the Medical Register, and
submit the complaint is not unreasonable. First, the
concentration has not been communicated. Secondly, the
Commission's approach disregards the fact that until early         Ð has rules which inhibit direct access to the status of
in 1997 the applicant had no reason to suspect that the                Community Medical Specialist and inhibit advertising
concentration might have a Community dimension.                        by Community Medical Specialists to the public.
(1) OJ L 395, 30. 12. 1989, p. 1.                                  By letter dated 28 November 1995 the applicant sent the
                                                                   Commission a notice pursuant to Article 175 of the EC
                                                                   Treaty. By letter dated 6 December 1995 the Commission,
                                                                   declared that it was unable to take a formal position
                                                                   within the prescribed period of two months and stated
                                                                   that it preferred to work towards such a position without
                                                                   any specific framework. By letter dated 1 August 1997 the
                                                                   applicant formally requested the Commission to define its
Action brought on 5 November 1997 by Anthony
                                                                   position with regard to its complaint within two months.
Goldstein against the Commission of the European
                         Communities
                        (Case T-286/97)                            It follows, according to the applicant, that the conditions
                                                                   laid down in Article 175 were satisfied and that the
                          (98/C 7/68)                              Commission was required within that provision to take a
                                                                   definitive position on the request within two months.
                                                                   Since no reply has been received from the Commission, it
                                                                   must be considered that this obligation was not complied
               (Language of the case: English)
                                                                   with.
                                                                   (1) OJ C 64, 2. 3. 1996, p. 19.
An action against the Commission of the European                   (2) OJ C 370, 6. 12. 1997, p. 8.
Communities was brought before the Court of First
Instance of the European Communities on 5 November
1997 by Anthony Goldstein, represented by Raymond St
John Murphy, solicitor, of Merriman White, 3 King's
Bench Walk, Inner Temple, London.
                                                                   Action brought on 10 November 1997 by Regione
The applicant claims that the Court should:                        Autonoma Friuli Venezia Giulia against the Commission
                                                                                   of the European Communities
                                                                                           (Case T-288/97)
Ð declare that contrary to Article 175 of the EC Treaty                                       (98/C 7/69)
    the Commission failed to define its position on the
    request submitted to it by the applicant pursuant to
    that provision,                                                                (Language of the case: Italian)
                                                                   An action against the Commission of the European
Ð order the Commission to pay the costs.                           Communities was brought before the Court of First