CELEX: C1996/247/39
Language: en
Date: 1996-08-24 00:00:00
Title: Action brought on 17 June 1996 by Gestevision Telecinco SA against Commission of the European Communities (Case T-95/96)

24 . 8 . 96               EN                  Official Journal of the European Communities                                 No C 247/ 17
Alves Vieira ) — application for suspension of operation of              the light of candidates' qualifications, the examiners
the decision of the Commission of the European                           appointed were underqualified and that the objectivity of
Communities of 31 May 1996 reassigning the applicant to                  the competition had not been respected .
the Office for Official Publications of the European
Communities in Luxembourg — the President of the Court                   According to the applicant, there had never been any
of First Instance made an order on 25 July 1996 , the                    objective review of the marking of his written test papers ( c )
operative part of which is as follows :                                  and ( d ) and the Commission had improperly accepted the
                                                                         marking of the Austrian examiners .
1 . the application for interim measures is dismissed;
2.   the costs are reserved.
                                                                         In any event, the applicant submits, there was a breach of
                                                                         Article 3 of Annex III to the Staff Regulations to the
                                                                         detriment of all test participants , since the selection board
                                                                         for an 'accession competition ' had had recourse to national
                                                                         examiners serving, in fact, in a determinant capacity .
Action brought on 17 June 1996 by Martin Hagleitner                      On the basis of this procedural breach , the interests of all
    against Commission of the European Communities                       those taking part in the tests had been adversely affected , in
                                                                         view of the fact that there had been no objective and legally
                            ( Case T-94/96 )                             correct test procedure . Furthermore, it was very doubtful
                              ( 96/C 247/38 )                            whether anonymity had been respected , given the
                                                                         composition of the candidates successful in the written tests
                 (Language of the case: German)                          and of the examiners .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 17 June 1996 by
Martin Hagleitner, Vienna, represented by Harald Svoboda ,
Rechtsanwalt, Vienna , with an address for service in
                                                                         Action brought on 17 June 1996 by Gestevision Telecinco
Luxembourg at the Chambers of Alex Schmitt, of Bonn &
Schmitt, 62 Avenue Guillaume .
                                                                           SA against Commission of the European Communities
                                                                                                  ( Case T-95 /96 )
The applicant claims that the Court should :                                                        ( 96/C 247/39 )
— order the Commission to prove that the examiners were                                  (Language of the case: Spanish)
    qualified , that the competition procedure was
     anonymous and that the marking was objective ,
                                                                         An action against the Commission of the European
— arrange for the marking of the applicant's written test                Communities was brought before the Court of First
    papers ( c ) and ( d ) to be checked by qualified persons            Instance of the European Communities on 17 June 1996 by
     ( DG IV, Legal Service, DG I ),                                     Gestevision Telecinco SA , whose registered office is in
                                                                         Madrid , represented by Santiago Munoz Machado, of the
— set aside the measures taken in connection with                        Madrid Bar, with an address for service in Luxembourg
    competition COM/A/904 , or at least set aside the                    with Carlos Amo Quinones , 2 Rue Gabriel Lippmann .
    decision of the selection board in that competition not to
     admit the applicant to the oral tests ,
                                                                         The applicant claims that the Court should :
— order the defendant to pay all the costs .
                                                                         — declare that, by failing to adopt any decision on the
Pleas in law and main arguments adduced in support:                          complaints made by the applicant against the Kingdom
                                                                             of Spain alleging
After being admitted to the written tests, the applicant took
part in competition COM/A/904 to establish a reserve list                    — on 2 March 1992 that the aid received by the
for administrators of Austrian nationality . By letter of                         autonomous television companies ( Empresa Pública
1 June 1995 , the Commission informed the applicant that,                         de Radio Televisión de Andalucía , Corporació
on the basis of the results of his written tests, he did not                      Catalana de Radio i Televisió, Radio Televisión
feature among the 150 best applicants and for that reason                         Madrid , Empresa Pública Radio Televisión
was not to be admitted to the oral tests . It appeared from the                   Valenciana , Radio y Televisión de Galicia and Euskal
composition of the individual results, as set out in the                          Irrati Telebista ) from their respective Autonomous
Commission 's letter, that tests ( c ) and ( d ), in comparison                   Communities was incompatible with Article 92 of
with tests ( a ) and ( b ), were in fact indicated as having each a               the P'C Treaty, and
maximum possible mark of 30 .
                                                                             — on 12 November 1993 that the aid granted by the
The applicant claims that the marking of the written tests                        Spanish State to the public entity RTVE was also
was carried out by Austrian Government officials, that, in                        contrary to the same provision of the Treaty,
 ---pagebreak---  No C 247/ 18           EN                  Official Journal of the European Communities                                   24 . 8 . 96
     and that, by failing to initiate the consultative                 authority is thereby denying the applicant the right to a fair
     examination procedure under Article 93 ( 2 ) of the               hearing which is granted by the Treaty to complainants
     Treaty, the Commission has failed to fulfil its obligations       during the consultative examination procedure .
     under the Treaty,
— in the alternative, annul the decision of the Commission
     contained in the letter of the competent Head of Unit of
     DG [V, Claude Rouam , dated 20 February 1996 ,
                                                                       Action brought on 18 June 1996 by Neue Maxhiitte
— order the defendant to pay the costs .                               Stahlwerke GmbH against the Commission of the European
                                                                                                  Communities
Pleas in law and main arguments adduced in support:                                            ( Case T-97/96 )
                                                                                                 ( 96/C 247/40 )
The cause of this action is the Commission 's persistent
failure to take any steps with regard to the complaints                              (Language of the case: German)
lodged by the applicant company, the concessionnaire of a
private television channel, against the State aid received by
all the public television companies in Spain, with which it is         An action against the Commission of the European
in competition , both in the market for advertising market             Communities was brought before the Court of First
and in that for purchasing rights .                                    Instance of the European Communities on 18 June 1996 by
                                                                       Neue Maxhiitte Stahlwerke GmbH, Sulzbach-Rosenberg
The applicant points out in that respect that in Spain                 ( Federal Republic of Germany ), represented by Rainer M.
publicly-owned television is not very different in content             Bierwagen, Rechtsanwalt, Brussels, with an address for
from privately-owned television . No special public service            service in Luxembourg at the Chambers of Victor Elvinger
responsibilities and duties are placed on the public television        of Messrs Elvinger & Dessoy, 31 Rue d'Eich .
companies which are not borne by the private television
operators . On the other hand , the restrictions on                    The applicant claims that the Court should :
participating in the advertising field are now the same , and
have been since 1 994, as those imposed on private operators          — annul the Commission 's decision of 13 March 1996 , in
in Spain .                                                                 so far as it concerns the applicant,
After successive contacts with the Commission               staff     — order the defendant to pay the costs .
responsible for dealing with the complaint, the applicant
was informed that that procedure had been halted pending               Pleas in law and main arguments adduced in support:
the production of research which an external consultant had
been instructed to carry out into the financing of television         The action concerns the classification of loans granted to the
undertakings throughout the Community .                                applicant undertaking in connection with its privatization as
                                                                       aid contrary to Article 4 ( c ) of the ECSC Treaty.
As a matter of law, the applicant claims that, in accordance
with the relevant case law, the Commission was obliged, in            The pleas in law and main arguments are the same as those
view of the particular difficulties which it seems to have             in Case T-2/96 Neue Maxhiitte Stahlwerke GmbH v.
encountered in carrying out an analysis of the                         Commission , which concerns the same privatization .
incompatibility with the Treaty of the aid complained of, to
initiate the consultative examination procedure provided
for in Article 93 ( 2 ) of the Treaty . From that viewpoint, the
excessive time which has elapsed since the complaints were
made ( more than four years in the case of the autonomous
television companies and more than two and a half years in
the case of the State-owned company ) is proof in itself that         Action brought on 27 June 1996 by Miguel Vicente Nunez
the Commission appears to be experiencing obvious                          against Commission of the European Communities
difficulties in deciding whether or not the aid is compatible                                ( Case T- 100/96 )
with the common market. Furthermore, the commissioning                                          ( 96/C 247/41 )
of the abovementioned report from an external consultant
bears that out .
                                                                                      (Language of the case: French)
So, in the applicant's view, by failing to initiate the
procedure laid down in Article 93 ( 2 ) of the Treaty, the            An action against the Commission of the European
Commission has plainly failed to fulfil its obligations under         Communities was brought before the Court of First
the Treaty and also clearly infringed the rights conferred by         Instance of the European Communities on 27 June 1996 by
Community law on the applicant in its position as                     Miguel Vicente Nunez, residing in Krainem ( Belgium ),
complainant. It is unacceptable that the defendant                    represented by Marc-Albert Lucas , of the Liege Bar, with an
institution should be able to continue a preliminary                  address for service in Luxembourg at the Chambers of
investigation for several years , since the Community                 Evelyne Korn , 21 Rue de Nassau .