CELEX: C2000/259/20
Language: en
Date: 2000-09-09 00:00:00
Title: Case C-281/00 P: Appeal brought on 14 July 2000 by Una Film "City Revue" GmbH against the judgment delivered on 27 June 2000 by the Third Chamber of the Court of First Instance of the European Communities in Joined Cases T-172/98 and T-175/98 to T-177/98 between Salamander AG, Una Film "City Revue" GmbH, Alma Media Group Advertising SA & Co Partnership and Others, Zino Davidoff SA and Davidoff & Cie SA, supported by Markenverband eV, Manifattura Lane Gaetano Marzotto & Figli SpA and Lancaster BV, and European Parliament and Council of the European Union, supported by Republic of Finland, Commission of the European Communities, United Kingdom of Great Britain and Northern Ireland and French Republic

C 259/12                 EN                 Official Journal of the European Communities                                         9.9.2000
Appeal brought on 14 July 2000 by Una Film ‘City Revue’                4.    Order the respondents and the interveners in their
GmbH against the judgment delivered on 27 June 2000                          support jointly and severally to bear the costs of the
by the Third Chamber of the Court of First Instance of                       proceedings.
the European Communities in Joined Cases T-172/98 and
T-175/98 to T-177/98 between Salamander AG, Una Film
‘City Revue’ GmbH, Alma Media Group Advertising SA
                                                                       Pleas in law and main arguments
& Co Partnership and Others, Zino Davidoff SA and
Davidoff & Cie SA, supported by Markenverband eV,
Manifattura Lane Gaetano Marzotto & Figli SpA and                      —     Mistaken assessment of the scope of the criterion of
Lancaster BV, and European Parliament and Council of                         ‘individual concern’ in the fourth paragraph of Article
the European Union, supported by Republic of Finland,                        173 of the EC Treaty (now the fourth paragraph of
Commission of the European Communities, United                               Article 230 EC) as a condition of admissibility for actions
Kingdom of Great Britain and Northern Ireland and                            for annulment brought by natural or legal persons: the
                           French Republic                                   Court of First Instance wrongly equates the criterion of
                                                                             ‘individual concern’ by a directive with the criterion of
                                                                             ‘direct effect’ of the directive in question to the detriment
                          (Case C-281/00 P)                                  of individuals.
                           (2000/C 259/20)                             —     Mistaken assessment of the scope of the right, which is
                                                                             one of the general principles of Community law, to
An appeal against the judgment delivered on 27 June 2000 by                  effective judicial protection in the event of infringements
the Third Chamber of the Court of First Instance of the                      of Community law: the Court of First Instance wrongly
European Communities in Joined Cases T-172/98 and                            failed to interpret and apply the existing legal protection
T-175/98 to T-177/98 between Salamander AG, Una Film                         system and constitutional system of the Community
‘City Revue’ GmbH, Alma Media Group Advertising SA & Co                      in accord with the mandatory requirements of the
Partnership and Others, Zino Davidoff SA and Davidoff &                      fundamental right of the individual to an effective legal
Cie SA, supported by Markenverband eV, Manifattura Lane                      remedy.
Gaetano Marzotto & Figli SpA and Lancaster BV, and European
Parliament and Council of the European Union, supported by
Republic of Finland, Commission of the European Communi-
ties, United Kingdom of Great Britain and Northern Ireland
and French Republic, was brought before the Court of Justice
of the European Communities on 14 July 2000 by Una
Film ‘City Revue’ GmbH, represented by Dr Rainer Borgelt,
Rechtsanwalt, Düsseldorf, assisted by Professor Manfred Dau-
ses, University of Bamberg, with an address for service in             Action brought on 18 July 2000 by the Commission of
Luxembourg at the Chambers of Reding & Felten, 2 Rue                   the European Communities against the Kingdom of Spain
J.-P. Brasseur, L-1258 Luxembourg.
                                                                                                  (Case C-283/00)
The appellant claims that the Court should:
1.    Set aside the judgment of the Court of First Instance                                       (2000/C 259/21)
      (Third Chamber) of 27 June 2000 in Joined Cases
      T-172/98 and T-175/98 to T-177/98 and reject the plea
                                                                       An action against the Kingdom of Spain was brought before
      of inadmissibility put forward by the defendants and
                                                                       Court of Justice on 18 July 2000 by the Commission of
      respondents;
                                                                       the European Communities, represented by Gregorio Valero
                                                                       Jordana, of its Legal Service, acting as Agent, with an address
2.    Consequently, declare the application of the applicant           for service in Luxembourg at the office of Carlos Gómez de la
      and appellant of 22 October 1998, received at the                Cruz, Wagner Centre, Kirchberg.
      Registry of the Court of First Instance on 23 October
      1998, admissible;
                                                                       The applicant claims that the Court of Justice should:
3.    Uphold the said application and consequently annul the
      contested Directive 98/43/EC of the European Parliament          1.    Declare that, by not complying with the provisions of
      and of the Council of 6 July 1998 on the approximation                 Directive 93/37/EEC as a whole and more specifically
      of the laws, regulations and administrative provisions                 with the provisions on public notices contained in
      of the Member States relating to the advertising and                   Article 11(2), (6), (7) and (11) and those of Articles 12(1),
      sponsorship of tobacco products (OJ 1998 L 213, p. 9);                 29(3), 18, 27 and 30(4), in connection with the tendering
                                                                             procedure for the execution of works for the Segovia
      In the alternative:                                                    Experimental Educational and Penitentiary Centre issued
                                                                             by Sociedad Estatal de Infraestructuras y Equipamientos
      Remit the case to the Court of First Instance for the                  Penitenciarios, SA, a company falling within the definition
      purpose of continuing the main proceedings;                            of contracting authority contained in Article 1(b) of