CELEX: C1999/265/09
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 28 April 1999 in Case T-221/95: Endemol Entertainment Holding BV v Commission of the European Communities (Competition - Regulation (EEC) No 4064/89 - Decision declaring a concentration incompatible with the common market - Article 22 of Regulation No 4064/89 - Rights of the defence - Access to the file - Dominant position)

C 265/6                   EN                    Official Journal of the European Communities                                        18.9.1999
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      of 3 June 1999
                           of 28 April 1999
                                                                           in Case T-17/96: Télévision Française 1 SA (TF1) v
                                                                                   Commission of the European Communities (1)
in Case T-221/95: Endemol Entertainment Holding BV v
         Commission of the European Communities (1)
                                                                           (State aid — Public television broadcasting — Complaint —
                                                                           Action for failure to act — Commission’s obligation to carry
                                                                           out an investigation — Time-limits — Procedure under
(Competition — Regulation (EEC) No 4064/89 — Decision
                                                                           Article 88(2) EC (ex Article 93(2)) — Serious difficulties —
declaring a concentration incompatible with the common
                                                                           Article 81 EC (ex Article 85) — Service of formal notice —
market — Article 22 of Regulation No 4064/89 — Rights
                                                                           Adoption of a position — Article 86 EC (ex Article 90) —
  of the defence — Access to the file — Dominant position)
                                                                                                  Whether admissible)
                           (1999/C 265/09)                                                           (1999/C 265/10)
                                                                                               (Language of the case: French)
                     (Language of the case: English)
                                                                           In Case T-17/96: Télévision Française 1 SA (TF1), whose
                                                                           registered office is in Paris represented by Georges Vandersan-
In Case T-221/95: Endemol Entertainment Holding BV, estab-                 den, Jean-Paul Hordies and Agnès Maqua, of the Brussels Bar,
lished in Zevenend, Netherlands, represented by Onno                       with an address for service in Luxembourg at the offices of
W. Brouver and Peter Wytinck, of the Brussels Bar, and Martijn             Fiduciaire Myson SARL, 30 Rue de Cessange v Commission of
van Empel, of the Amsterdam Bar, with an address for service               the European Communities (Agents: Gérard Rozet and Klaus
in Luxembourg at the Chambers of Jacques Loesch, 11 Rue                    Wiedner), supported by the French Republic (Agents Catherine
Goethe, v Commission of the European Communities (Agent:                   de Salins, Philippe Martinet and Frédérik Million) — application
Wouter Wils) — application for the annulment of Commission                 under Article 232 EC (ex Article 175) for a declaration that
Decision 96/346/EC of 20 September 1995 relating to a                      the Commission failed to fulfil its obligations under the Treaty
proceeding pursuant to Council Regulation (EEC) No 4064/89                 by not adopting a position on the complaint submitted by
(IV/M.553-RTL/Veronica/Endemol) (0J 1996 L 134, p. 32),                    the applicant against the French Republic concerning the
which declared the agreement creating the joint venture                    compatibility of the methods of financing the public television
Holland Media Groep to be incompatible with the common                     broadcasting channels, France 2 and France 3 (France Télé-
market — the Court of First Instance (Fourth Chamber,                      vision) with Articles 81 EC (ex Article 85), 86(1) EC (ex
Extended Composition), composed of: P. Lindh, President,                   Article 90(1)) and 92 of the EC Treaty (now, after amendment,
R. Garcia-Valdecasas, K. Lenaerts, J.D. Cooke and M. Jaeger,               Article 87 EC), and, in the alternative, an application under
Judges; H. Jung, Registrar, has given a judgment on 28 April               Article 173 of the EC Treaty (now, after amendment,
1999, in which it:                                                         Article 230 EC) for annulment of the purported decision
                                                                           rejecting the applicant’s complaint, set out in a letter from the
                                                                           Commission of 11 December 1995 — the Court of First
                                                                           Instance (Third Chamber, Extended Composition), composed
1. Dismisses the application.
                                                                           of M. Jaeger, President, K. Lenaerts V. Tiili, J. Azizi and P. Men-
                                                                           gozzi, Judges; H. Jung, Registrar, gave a judgment on 3 Juni
                                                                           1999, the operative part of which is as follows:
2. Orders the applicant to bear, in addition to its own costs, one
     fifth of the costs incurred by the defendant until the withdrawal
     of the parties on 7 October 1996 together with all of those           1. The Commission has failed to fulfil its obligations under the EC
     incurred subsequently.                                                     Treaty by not adopting a decision on the complaint lodged by
                                                                                Télévision Française 1 SA on 10 March 1993 concerning State
                                                                                aid.
(1) OJ C 64 of 2.3.1996.                                                   2. There is no need to adjudicate on the allegation that the
                                                                                Commission failed unduly to act under Articles 81 EC (ex
                                                                                Article 85) and 86 EC (ex Article 90).
                                                                           3. The action is inadmissible in so far as it is directed against the
                                                                                Commission’s failure to act under Article 82 EC (ex Article 86).