CELEX: C2003/304/39
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court of First Instance of 30 September 2003 in Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) v Commission of the European Communities (Competition — Concentrations — Admissibility — Pay-TV and digital interactive television services markets — Serious doubts as to compatibility with the common market — Commitments in the course of the first phase of examination — Time-limits — Modification of commitments — Insufficiency of commitments)

C 304/22              EN                       Official Journal of the European Union                                      13.12.2003
                                                    COURT OF FIRST INSTANCE
             Assignment of Judges to Chambers                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (2003/C 304/37)
                                                                                            of 30 September 2003
At its plenary meeting of 9 October 2003, the Court of First           in Case T-158/00 Arbeitsgemeinschaft der öffentlich-
Instance decided to supplement as follows the decision on the          rechtlichen Rundfunkanstalten der Bundesrepublik
composition of the chambers taken at the plenary meeting of            Deutschland (ARD) v Commission of the European Com-
2 July 2003 (OJ 2003 C 184, p. 32):                                                               munities (1)
In accordance with Article 10 of the Rules of Procedure of the         (Competition — Concentrations — Admissibility — Pay-TV
Court of First Instance, for the period from 9 October 2003 to         and digital interactive television services markets — Serious
31 August 2004, Judge Dehousse is assigned to the First                doubts as to compatibility with the common market —
Chamber, Extended Composition, the Third Chamber and the               Commitments in the course of the first phase of examination
Third Chamber, Extended Composition.                                   — Time-limits — Modification of commitments — Insuf-
                                                                                           ficiency of commitments)
                                                                                                (2003/C 304/39)
                                                                                         (Language of the case: German)
Designation of the Judge replacing the President of the
Court of First Instance in deciding an application for
                       interim measures
                        (2003/C 304/38)                                In Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtli-
                                                                       chen Rundfunkanstalten der Bundesrepublik Deutschland
                                                                       (ARD), established in Cologne (Germany), represented by
                                                                       P. Mailänder and A. Bartosch, lawyers, with an address
                                                                       for service in Luxembourg, against the Commission of the
At its plenary meeting of 9 October 2003, the Court of First           European Communities (Agent: P. Wiedner), supported by
Instance decided to supplement as follows the decision taken           KirchPayTV GmbH & Co. KGaA, established in Unterföring
at the plenary meeting of 2 July 2003 (OJ 2003 C 184, p. 33)           (Germany), represented by K. Metzlaff, lawyer, with an address
on the designation of the Judge replacing the President of the         for service in Luxembourg, British Sky Broadcasting Group plc
Court of First Instance in deciding an application for interim         (BSkyB), established in Isleworth (United Kingdom), represent-
measures:                                                              ed by S. Wisking and D. Livingston, solicitors, with an address
                                                                       for service in Luxembourg, application for annulment of
                                                                       Commission Decision SG (2000) D/102552 of 21 March
                                                                       2000 (Case COMP/JV.37), which declared the notified concen-
In accordance with Article 106 of the Rules of Procedure of            tration by which BSkyB acquired joint control of KirchPayTV
the Court of First Instance, for the period from 9 October             to be compatible with the common market and with the
2003 to 31 August 2004, Judge Tiili is designated to replace           Agreement on the European Economic Area, pursuant to
the President of the Court of First Instance in deciding an            Article 6(1)(b) of Council Regulation (EEC) No 4064/89 of
application for interim measures in the event that both the            21 December 1989 on the control of concentrations between
President and Judge García-Valdecasas are absent or prevented          undertakings (OJ 1989 L 395, p. 1), the Court of First Instance
from dealing with it.                                                  (Third Chamber), composed of: M. Jaeger, President, and
                                                                       K. Lenaerts and J. Azizi, Judges; D. Christensen, Administrator,
                                                                       for the Registrar, gave a judgment on 30 September 2003, in
                                                                       which it:
 ---pagebreak--- 13.12.2003             EN                          Official Journal of the European Union                                           C 304/23
1)    Dismisses the application.                                           3.    Orders the Commission to pay the costs of the proceedings
                                                                                 which gave rise to the Judgment of the Court of First Instance
                                                                                 of 16 May 2002 Rounis v Commission (T-17/01).
2)    Orders the applicant to bear its own costs and to pay those of
      the Commission and the interveners, KirchPayTV and BSkyB.
                                                                           4.    In the present proceedings, orders the Commission to bear its
                                                                                 own costs and to pay one-third of the costs incurred by the
(1) OJ 2000 C 247 of 26.8.2000.                                                  applicant.
                                                                           (1) OJ C 95 of 24.3.2001.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 30 September 2003
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
in Case T-17/01: Georgios Rounis v Commission of the
                   European Communities (1)                                                     of 30 September 2003
(Officials — Articles 17(2)(a) and (b) of Annex VII to the                 in Case T-26/01: Fiocchi munizioni SpA v Commission of
Staff Regulations — Transfer of a part of remuneration in                                   the European Communities (1)
the currency of a Member State other than the country in
which the institution has its seat — Conditions — Loss —
                    Assessment of damages)                                 (Articles 296 EC and 298 EC — State aid granted to an
                                                                           arms production undertaking — Complaint — Action for
                                                                                    declaration of failure to act — Inadmissibility)
                         (2003/C 304/40)
                                                                                                    (2003/C 304/41)
                   (Language of the case: French)
                                                                                              (Language of the case: Italian)
In Case T-17/01, Georgios Rounis, an official of the Com-
mission of the European Communities, residing in Brussels
(Belgium), represented by É. Boigelot, lawyer, with an address
for service in Luxembourg, against the Commission of the                   In Case T-26/01, Fiocchi Munizioni SpA, established in Lecco
European Communities (Agents: J. Currall and F. Clotuche-                  (Italy), represented by I. Van Bael, E. Raffaelli, F. Di Gianni
Duvieusart) — application for determination of the amount of               and R. Antonini, lawyers, v Commission of the European
the loss for which the Commission was ordered to compensate                Communities (Agent: V. Di Bucci), supported by Kingdom of
the applicant following annulment by the Court of First                    Spain (Agent: S. Ortiz Vaamonde): Application for a declar-
Instance of the Commission’s decision of 24 February 2000                  ation that the Commission unlawfully refrained from taking a
limiting transfer of the applicant’s emoluments to the United              decision on the merits of the complaint by the applicant
Kingdom to 19 % of his net monthly earnings, the Court of                  concerning a State aid granted by the Kingdom of Spain to the
First Instance, M. Vilaras, Judge; and I. Natsinas, Administrator,         Santa Barbara company, the Court of First Instance (Third
for the Registrar, has given a judgment on 30 September                    Chamber, Extended Composition), composed of: K. Lenaerts,
2003, in which it:                                                         President, P. Lindh, J. Azizi, J.D. Cooke and M. Jaeger, Judges;
                                                                           J. Palacio González, Principal Administrator, for the Registrar,
                                                                           has given a judgment on 30 September 2003, in which it:
1.    Orders the Commission to pay the applicant damages of
      GBP 17 394,64, with interest for late payment at the annual
      rate of 5,25 % annually until payment.                               1.    Dismisses the action as inadmissible;
2.    Dismisses the remainder of the action for damages.                   2.    Orders the applicant to pay the costs;