CELEX: C1997/370/21
Language: en
Date: 1997-12-06 00:00:00
Title: Action brought on 6 October 1997 by Broome & Wellington Ltd against the Commission of the European Communities (Case T-267/97)

6 . 12 . 97           EN                       Official Journal of the European Communities                                    C 370/9
which the Commission rejected. An action against that                     In support of its application for the annulment of that
decision was brought by the applicant before the Court of                 decision, VTM raised five pleas in law.
First Instance ('). In the present case the applicant seeks
compensation for the damage occasioned to him by the                      1 . Breach of its right of defence .
unlawful failure of the Commission to exercise the powers
of surveillance and control conferred on it by the Treaty in              2 . Breach of the principle of the protection of legitimate
accordance with the prescribed legal framework to protect                     expectations, the principle of legal certainty and the
his legitimate interests by the adoption of interim                           duty of care :
measures .
                                                                              in Case C-211/91 ( judgment of 16 December 1992 )
(') Case T-235/95 , OJ C 64, 2 . 3 . 1996 , p. 19 .                           the Commission did not consider that the exclusive
                                                                              right relating to commercial television constituted an
                                                                              infringement of Article 52 of the EC Treaty. When the
                                                                              Commission has examined the compatibility with the
                                                                              Treaty of a provision of national law under Article 169
                                                                              of the EC Treaty, it may not subsequently find a part
Action brought on 3 October 1997 by the Vlaamse                               of that provision to be incompatible with the Treaty in
Televisie Maatschappij NV against Commission of the                           the context of proceedings under Article 90 ( 3 ).
                    European Communities
                        ( Case T-266/97)                                  3 . Breach of the obligation to state reasons under
                          ( 97/C 370/20 )                                     Article 190 of the EC Treaty:
                (Language of the case: Dutch)                                 since this is the first time that the Commission has
                                                                              held an exclusive right to be incompatible with
An action against the Commission of the European                              Article 90 ( 1 ), read in conjunction with Article 52 of
Communities was brought before the Court of First                             the EC Treaty, the requirement to state the reasons on
Instance of the European Communities on 3 October 1997                        which that decision was based was even greater, VTM
by Vlaamse Televisie Maatschappij NV ( Flemish                                maintains .
Television Company), represented by F. Herbert and D.
Arts, of the Brussels Bar, with an address for service in                 4 . In the alternative, infringement of Article 90 ( 1 ), read
Luxembourg at the Chambers of C. Zeyen, of the                                in conjunction with Article 52 of the EC Treaty:
Luxembourg Bar, 56—58 Rue Charles Martel ,
Luxembourg-Merl .                                                             VTM challenges the Commission's view that Flemish
                                                                              cultural policy, which is based on preservation of
The applicant claims that the Court should :                                  pluralism in the Flemish press, does not justify VTM's
                                                                              exclusive right in respect of commercial television in
1 . annul the Commission Decision of 26 June 1997                             Flanders .
     pursuant to Article 90 ( 3 ) of the EC Treaty on the
     exclusive right to broadcast television advertising in               5 . Missuse of powers:
     Flanders;
                                                                              this  is the     fifth time     that the Commission has
2 . order the Commission to pay the costs .                                   challenged the Flemish media legislation . According to
                                                                              VTM, the Commission's persistence is the result of
Pleas in law and main arguments adduced in support:                           political pressure at both national and European level .
The action by VTM must be considered in the context of
the statutory provisions adopted by the Vlaamse
Gemeenschap ( Flemish Community ) which, as a
transitional measure pending the liberalization of the
audiovisual market, grant the exclusive right to operate                  Action brought on 6 October 1997 by Broome &
commercial television in Flanders to one private                          Wellington Ltd against the Commission of the European
broadcasting corporation, which may only broadcast                                                     Communities
advertising with the authorization of the Flemish                                                   ( Case T-267/97 )
Government . In 1987 VTM was authorized to broadcast
advertising for a period of 18 years.                                                                 ( 97/C 370/21 )
In 1994 VT4, a company incorporated under English law                                     (Language of the case: English)
but with its origins in Flanders, submitted a complaint to
the Commission concerning VTM 's exclusive right to                       An action against the Commission of the European
operate commercial television in Flanders.                                Communities was brought before the Court of First
                                                                          Instance of the European Communities on 6 October 1997
According to Commission Decision 97/606/EC of 26 June                     by Broome & Wellington Ltd, represented by Fiona M.
 1997 ( OJ L 244 , 6 . 9 . 1997, p. 18 ) that exclusive right is           Carlin and James H. Searles, with an address for service in
contrary to Article 90 ( 1 ) of the EC Treaty, read in                    Luxembourg at the office of Arendt & Medernach, 8—10
conjunction with Article 52 of the EC Treaty.                             rue Mathias Hardt .
 ---pagebreak--- C 370/ 10              EN                 Official Journal of the European Communities                                  6 . 12 . 97
The applicant claims that the Court should:                              if a determination has been made that the complaint is
                                                                         supported by a number of Community producers
                                                                         properly constituting the 'Community industry'. The
— declare the Commission decision to initiate the Third                  term ' Community industry' is defined in the Basic
    Investigation of certain cotton fabrics originating in               Regulation by reference to EU producers of the like
    China, Egypt, India, Indonesia, Pakistan and Turkey                  product. As the Commission has previously taken the
    illegal and void,                                                    position that unbleached cotton fabrics are like
                                                                         products to bleached, printed and dyed fabrics, the
                                                                         Commission's initiation of the current investigation
— take such other steps as justice may require, and                      having regard only to the position of EU producers of
                                                                         unbleached cotton fabrics suggests that it improperly
                                                                         assessed the support for or opposition to the
— order the Commission to pay the costs of the applicant                 Eurocoton complaint under the Basic Regulation.
    in the present proceedings .
                                                                     — infringed Article 190 of the EC Treaty, by totally
Pleas in law and main arguments adduced in support:                      failing to explain in the Notice or in any other context
                                                                         the relevant factual circumstances upon which its
                                                                         decision to initiate the proceeding was based, in
The applicant, the European Community's largest                          particular concerning the decision of the Council in
importer, stockist and distributor of unbleached cotton                  May 1997 to terminate the second cotton fabric
fabrics, challenges the Commission decision to initiate
                                                                         investigation concerning the same countries and the
anti-dumping proceedings concerning imports into the
                                                                         same products without imposition of any protective
Community of unbleached cotton fabrics originating in
                                                                         measures. By failing to give this explanation while, at
the People's Republic of China , Egypt, India , Indonesia ,              the same time, requiring in the Notice that interested
Pakistan and Turkey. The applicant claims that this
                                                                         parties make themselves known without delay and
decision was first and foremost a political decision taken
                                                                         provide the Commission with relevant information
under pressure, particularly from France .
                                                                         within quite short time-limits, the Commission has
                                                                         precluded such parties from fully and effectively
The applicant submits that the Commission has:                           commenting and providing relevant evidence on the
                                                                         actual situation .
— misused its powers by exerting its responsibilities
    under the EC Treaty with regard to application of
     Community measures to protect trade with the
     intention primarily of supporting purely political
     interests   in   one  of the   Member     States  and   of
    circumventing a definitive decision taken by the                 Action brought on 14 October 1997 by EPAC, Empresa
     Council only days earlier that imposition of protective         para a Agro-Alimenta^ao e Cereais, SA, against the
     anti-dumping measures on the same products imported                      Commission of the European Communities
     from the same five countries was not justified under                                   ( Case T-270/97 )
     the terms of the Basic Regulation; the same
     Commission act is also contrary to the general                                           ( 97/C 370/22 )
     principle of Community law non bis in idem and to
     the requirements of proper administration;                                    (Language of the case: Portuguese)
— abused its discretion under the provisions of the
                                                                     An action against the Commission of the European
     Community's Basic Regulation relating to the                    Communities was brought before the Court of First
     initiation of anti-dumping investigations, in particular        Instance of the European Communities on 14 October
     Article 5 ( 3 ), by not taking into account the fact that        1997 by EPAC, Empresa para a Agro-Alimentagao
     the complaint of Eurocoton ( Committee of the Cotton            Cereais, SA, whose registered office is at Avenida Almi­
     and Allied Textile industries of the EC ) which
                                                                     rante Gago Coutinho, No 26, Lisbon, represented by Joao
     specifically raised the issue of Community interest and         Mota de Campos, of the Lisbon Bar, with an address for
     treated this issue in detail did not introduce any new
                                                                     service in Luxembourg at the Chambers of Joaquim Calvo
     evidence such as could give rise to a reasonable belief         Basaran , 34 Boulevard Ernest Feltgen, 1515 Luxembourg .
     that a new investigation would lead to a different
     conclusion by the Council, and particularly with
     respect to the critically important Community interest          The applicant claims that the Court should :
     criterion ;
                                                                     — uphold the application and accordingly declare null
 — infringed essential procedural requirements, in                        and void Decision C(97 ) 2130 final of 9 July 1997,
     particular those laid down in Article 5 (4 ) of the Basic
     Regulation which provides that an anti-dumping
     investigation can be initiated by the Commission only            — order the Commission to pay the costs .