CELEX: C1995/137/71
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 16 March 1995 by D.I.R. International Film Srl, Nostradamus Enterprises Ltd, Union P.N. Srl, United International Pictures BV, United International Pictures AB, United International Pictures APS, United International Pictures A/S, United International Pictures EPE, United International Pictures OY and United International Pictures y Cia SRC against the Commission of the European Communities (Case T-85/95)

No C 137/32           EN                  Official Journal of the European Communities                                     3 . 6 . 95
Action brought on 16 March 1995 by D.I.R. International              EFDO funding in relation to the distribution of the films
Film Sri, Nostradamus Enterprises Ltd, Union P.N. Sri,               'Nostradamus ' and 'Maniaci sentimentali '.
United International Pictures BV, United International
Pictures AB , United International Pictures APS, United              The applicants submit that the act of 5 December 1994
International Pictures A/S, United International Pictures            and/or the act by which the Commission purported to
EPE, United International Pictures OY and United                     instruct EFDO , on or prior to 5 December 1994, to reject
International Pictures y Cia SRC against the Commission of           UIP's applications must be annulled on any or all of the
                 the European Communities                            following grounds:
                        ( Case T-85/95 )
                                                                     ( a ) infringement of the selection criteria set out in the
                          ( 95/C 137/71 )                                    EFDO ' Guidelines';
                                                                     ( b ) infringement of the philosophy and the stated aims of
               (Language of the case: English)                               the Media programme;
An action against the Commission of the European                     (c ) lack of proper reasoning.
Communities was brought before the Court of First
Instance of the European Communities on 16 March 1995
by D.I.R. International Films Sri and Others, represented by
Michel Waelbroeck, with an address for service in
Luxembourg at the chambers of Ernest Arendt, 8—10, rue
                                                                     Action brought on 16 March 1995 by Compagnie Generale
Mathias Hardt, L-2010 Luxembourg.
                                                                     Maritime and others against the Commission of the
                                                                                           European Communities
The applicants claim that the Court should :                                                   ( Case T-86/95 )
                                                                                                 ( 95/C 137/72
— annul :
                                                                                     (Language of the case: English)
    — the act of 5 December 1994 , notified to UIP
        ( London ) on 10 January 1995 , by which the                 An action against the Commission of the European
        European Film Distribution Office (' EFDO ') turned          Communities was brought before the Court of First
        down the applications made by various UIP                    Instance of the European Communities on 16 March 1995
        subsidiaries for EFDO funding in relation to the             by Compagnie Generale Maritime and others, represented
        distribution of the films 'Nostradamus ' and ' Maniaci       by Mr Nicholas Forwood, QC, and Mr Philip Ruttley,
        sentimentali',                                               solicitor, with an address for service in Luxembourg at the
                                                                     Cabinet Arendt & Medernach, Boite Postale 39, L-2010
    — and/or the act by which the European Commission                Luxembourg.
        instructed or purported to instruct EFDO to take this
        act ,                                                        The applicants claim that the Court should :
— order the Commission to state whether it issued separate           — declare their application admissible and well-founded,
    instructions, either orally or in writing, with respect to
                                                                     — annul the Commission Decision of 21 December 1994
    the above act of 5 December 1994 and to produce or to
    procure that EFDO produce all correspondence and                      relating to the Far Eastern Freight Conference
    other documents ( including but not limited to internal                ( IV/33.218 ), and
    and external      documents,     minutes of EFDO        or
    Commission meetings ) evidencing such instructions ,             — order the Commission to pay the applicants ' costs in this
                                                                          action .
— if such instructions were issued in an oral form and if
    there exist no written record evidencing them, order the         Pleas in law and main arguments adduced in support:
    defendant to provide or to produce that EFDO provide a           In the present application, the Commission's Decision of
    written summary of such instructions,                            21 December 1994 in case IV/33.218 is challenged by 13 of
                                                                     its 14 addressees, all of them member lines of the Far Eastern
— order the Commission to pay the costs .                            Freight Conference ( FEFC ). By this Decision, the defendant
                                                                     institution held that the applicants have infringed Article 85
                                                                     of the EC Treaty by agreeing common prices for inland
Pleas in law and main arguments adduced in support:                  transport services supplied within the EC as part of a
                                                                     multimodal transport operation for the carriage of
The applicants challenge the act of 5 December 1994,                 containerized cargo .
whereby the European Film Distribution Office ('EFDO'), a
body established within the framework of the Media                   It follows from this Decision that, according to the
Programme, rejected the applications made by various                 Commission's position in relation to the application of the
subsidiaries of United International Pictures ('UIP') for            competition rules to multimodal international maritime