CELEX: C2001/118/16
Language: en
Date: 2001-04-21 00:00:00
Title: Case C-47/01: Action brought on 5 February 2001 by Commission of the European Communities against the Kingdom of Spain

21.4.2001                EN                    Official Journal of the European Communities                                     C 118/11
      Is Article 3a(1)(e) of the directive to be interpreted as           Action brought on 5 February 2001 by Commission of
      meaning that the information on the identification of the           the European Communities against Beta Television SpA
      competitor must be restricted to the extent absolutely                                    (Videomusic/TMC2)
      necessary and it is therefore not permitted if, in addition
      to the competitor’s name, its company logo (if it exists)
      and its shop are shown?                                                                      (Case C-51/01)
                                                                                                  (2001/C 118/17)
(1) OJ 1997 L 290, p. 18.
(2) OJ 1984 L 250, p. 17.                                                 An action against Beta Television SpA (Videomusic/TMC2)
                                                                          was brought before the Court of Justice of the European
                                                                          Communities on 5 February 2001 by the Commission of the
                                                                          European Communities, represented by Bernard Mongin,
                                                                          assisted by Massimo Moretto, avvocato.
                                                                          The applicant claims that the Court should:
                                                                          —     order the defendant to repay, to the Commission, EUR
Action brought on 5 February 2001 by Commission of                              382 312, together with interest as from 14 July 1999
the European Communities against the Kingdom of Spain                           until actual payment;
                                                                          —     order the defendant to pay the costs.
                            (Case C-47/01)
                           (2001/C 118/16)                                Pleas in law and main arguments
An action against the Kingdom of Spain was brought before                 The action, brought on the basis of an arbitration clause, seeks
the Court of Justice of the European Communities on 5 Febru-              the repayment of sums of money advanced in the context of
ary 2001 by the Commission of the European Communities,                   Contract No 70320, signed on 13 November 1996, in the
represented by Gregorio Valero Jordana, with an address for               context of the 16:9 Action Plan to promote the broadcast of
service in Luxembourg at the office of Carlos Gómez de la                high-definition television programmes in Europe.
Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                          The beneficiary, within the period laid down in the contract,
The applicant claims that the Court should:                               broadcast only 6 hours and 34 minutes of programmes in
                                                                          16:9 format instead of the 500 hours offered and contracted
                                                                          for. The Commission therefore decided to terminate the
—     declare that, by failing to draw up or, in any event,               contract, governed by Belgian law, for breach of contract by
      communicate to the Commission, the plan, outline or                 the defendant.
      inventory summary required by Articles 4(1) and 11 of
      Council Directive 96/59/EC (1) of 16 September 1996 on
      the disposal of polychlorinated biphenyls and polychlori-
      nated terphenyls (PCB/PCT), the Kingdom of Spain has
      failed to fulfil its obligations under that directive;
—     order the Council of the European Union to pay the costs.
                                                                          Action brought on 5 February 2001 by Commission of
                                                                          the European Communities against TV Internazionale
Pleas in law and main arguments                                                                         SpA
The pleas in law and main arguments relied on are set out in                                       (Case C-52/01)
the application.
                                                                                                  (2001/C 118/18)
(1) OJ 1996 L 243, p. 31.                                                 An action against TV Internazionale SpA was brought before
                                                                          the Court of Justice of the European Communities on 5 Febru-
                                                                          ary 2001 by the Commission of the European Communities,
                                                                          represented by Bernard Mongin, assisted by Massimo Moretto,
                                                                          avvocato.