CELEX: C1998/378/46
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 16 October 1998 by Schiocchet SARL against the Commission of the European Communities (Case T-170/98)

C 378/26             EN                  Official Journal of the European Communities                                     5.12.98
limiting the effects of the liberalisation of special regular           promote unfair competition with regard to existing
services which was introduced by that regulation.                       regular services, and, in particular, to the disadvantage
Consequently, according to the Commission, the French                   of those provided by Schiocchet SARL;
State has not breached Community law.
                                                                    Ð annul classification Decision D(98)ab/g/plainte/
The applicant maintains that the exemption provision laid
                                                                        Schiocchet/class-2 90176 of the Commission of
down in Article 4(2) of Regulation (EEC) No 684/92 is
                                                                        19 August 1998.
unlawful, inasmuch as that provision is itself incompatible
with the Treaty and, in particular, with Article 75(1)(a) of
the Treaty of Rome. In the present case, the exemption              Pleas in law and main arguments adduced in support:
provision at issue has enabled SocieÂteÂ Mousset, since the
entry into force of Article 4(2) of the regulation in               The present case concerns allegedly unlawful conduct on
question, to continue to compete with the existing regular          the part of the company known as Taxi Gaby Colarelli, a
service provided by the applicant, which was established            competitor of the applicant.
prior to that regulation, and has the effect of distorting
competition in the common market.                                   The pleas in law and main arguments are the same as
                                                                    those relied on by the applicant in Case T-169/98
According to the applicant, the Commission wrongly                  Schiocchet v. Commission.
considered SocieÂteÂ Mousset to have been exempt from the
authorisation requirement since the entry into force of
Regulation (EEC) No 684/92. In addition, the
Commission erred in law in considering that paragraph
1.3 of Article 2 of that regulation was not intended to
restrict the scope of Article 4(2) thereof.
                                                                           Removal from the register of Case T-159/97 (1)
The Commission has also engaged in unlawful                                                  (98/C 378/47)
discrimination, inasmuch as it applied different treatment
to comparable situations, thereby placing the applicant at                         (Language of the case: French)
a disadvantage by comparison with other providers of
regular services. That difference in treatment was not              By order of 9 October 1998 the President of the Third
justified by the existence of any other objectives to which         Chamber of the Court of First Instance of the European
any weight attaches.                                                Communities has ordered the removal from the register of
                                                                    Case T-159/97: Luis Manuel Chaves Fonseca FerraÄo v.
                                                                    Office for the Harmonisation of the Internal Market
                                                                    (trade marks and designs).
Action brought on 16 October 1998 by Schiocchet SARL                (1) OJ C 212, 12.7.1997.
  against the Commission of the European Communities
                       (Case T-170/98)
                        (98/C 378/46)
                (Language of the case: French)
                                                                           Removal from the register of Case T-297/97 (1)
An action against the Commission of the European                                             (98/C 378/48)
Communities was brought before the Court of First
Instance of the European Communities on 16 October                                 (Language of the case: English)
1998 by Schiocchet SARL, the registered office of which is
at Beuvillers (France), represented by Pascal Barbier, of the       By order of 9 October 1998 the President of the Third
Thionville Bar, with an address for service in Luxembourg           Chamber of the Court of First Instance of the European
at the Chambers of Faltz and AssocieÂs, 6 Rue Heinrich              Communities has ordered the removal from the register of
Heine.                                                              Case T-297/97: David T. Keeling v. Office for the
The applicant claims that the Court should:                         Harmonisation of the Internal Market (trade marks and
                                                                    designs).
Ð annul the provisions of Article 4(2) of Council
    Regulation No 684/92, inasmuch as its effect is to              (1) OJ C 26, 24.1.1998.