CELEX: C2001/108/27
Language: en
Date: 2001-04-07 00:00:00
Title: Judgment of the Court of First Instance of 13 December 2000 in Case T-69/99: Danish Satellite TV (DSTV) A/S (Eurotica Rendez-Vous Television) v Commission of the European Communities ("Television Without Frontiers" directive — National restrictions on the retransmission across frontiers of television broadcasts — Finding by the Commission that those restrictions are compatible with Community law — Action for annulment — Admissibility)

C 108/16                EN                      Official Journal of the European Communities                                         7.4.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 26 October 2000
                                                                                                of 13 December 2000
in Case T-154/98: Asia Motor France SA and Others v
        Commission of the European Communities (1)                         in Case T-69/99: Danish Satellite TV (DSTV) A/S (Eurotica
                                                                           Rendez-Vous Television) v Commission of the European
                                                                                                    Communities (1)
(Competition — Article 85 of the EC Treaty (now Article 81
EC) — Obligations regarding the investigation of complaints
— Legality of grounds for rejection — Manifest error of
assessment — Article 176 of the EC Treaty (now Article 233                 (‘Television Without Frontiers’ directive — National restric-
           EC) — Admissibility of a new plea in law)                       tions on the retransmission across frontiers of television
                                                                           broadcasts — Finding by the Commission that those restric-
                                                                           tions are compatible with Community law — Action for
                                                                                             annulment — Admissibility)
                          (2001/C 108/26)
                                                                                                    (2001/C 108/27)
                     (Language of the case: French)
In Case T-154/98: Asia Motor France SA, established in
Chemille (France), Jean-Michel Cesbron, carrying on business                                  (Language of the case: French)
under the name of JMC Automobiles, residing in Chemille,
Monin Automobiles SA, established in Bourg-de-Péage
(France), Europe Auto Service (EAS) SA, established in Livange
(Luxembourg), all represented by J.-C. Fourgoux, of the Brussels           In Case T-69/99: Danish Satellite TV (DSTV) A/S (Eurotica
and Paris Bars, with an address for service in Luxembourg at               Rendez-Vous Television), established in Frederiksberg, Den-
the Chambers of P. Schiltz, 4 Rue Béatrix de Bourbon,                      mark, represented by J.-P. Hordies and A. Maqua, of the
against Commission of the European Communities (Agents:                    Brussels Bar, with an address for service in Luxembourg at the
represented by G. Marenco, and L. Guérin and, subsequently,                office of Myson SARL, 30 Rue de Cessange, against Com-
by G. Marenco and F. Siredey-Garnier) — application for                    mission of the European Communities (Agents: K. Banks and
annulment of the Commission’s decision of 15 July 1998                     M. Wolfcarius), supported by United Kingdom of Great Britain
rejecting the complaints lodged by the applicants as to the                and Northern Ireland (Agents: R.Plender QC and R.V. Magrill)
existence of cartel practices alleged to be contrary to Article 85         — application for annulment of the act of the Commission of
of the EC Treaty (now Article 81 EC) — the Court of First                  22 December 1998, addressed to the United Kingdom and
Instance (Fifth Chamber), composed of: R. Garcı́a-Valdecasas,              notified to the applicant on 28 December 1998 — the Court
President, P. Lindh and J.D. Cooke, Judges; B. Pastor, Principal           of First Instance (Second Chamber), composed of: J. Pirrung,
Administrator, for the Registrar, has given a judgment on                  President, A. Potocki and A.W.H. Meij, Judges; G. Herzig,
26 October 2000, in which it:                                              Administrator, for the Registrar, has given a judgment on
                                                                           13 December 2000, in which it:
1.    Dismisses as inadmissible the claim that the Court should take
      formal note that the applicants reserve the right to bring an        1.    Dismisses the application as inadmissible;
      action in damages against the Commission;
                                                                           2.    Orders the applicant to bear its own costs and to pay those of
2.    Dismisses the remainder of the action as unfounded;                        the Commission;
3.    Orders the applicants to bear their own costs and, jointly and
      severally, to pay the costs of the Commission, including those       3.    Orders the United Kingdom to bear its own costs.
      reserved in the order of 21 May 1999.
                                                                           (1) OJ C 160 of 5.6.1999.
(1) OJ C 358 of 21.11.1998.