CELEX: C2000/355/67
Language: en
Date: 2000-12-09 00:00:00
Title: Case T-297/00: Action brought on 18 September 2000 by the company Claude-Anne de Solène against the Council of the European Union and the Commission of the European Communities

C 355/30              EN                      Official Journal of the European Communities                                        9.12.2000
Action brought on 18 September 2000 by the company                       Finally, the applicant bases its action, in the alternative, on the
Claude-Anne de Solène against the Council of the Euro-                   objective responsibility of the Community for the unequal
pean Union and the Commission of the European Com-                       discharge of public burdens.
                             munities
                        (Case T-297/00)
                        (2000/C 355/67)                                  Action brought on 19 September 2000 by Gestevisión
                                                                         Telecinco against Commission of the European Communi-
                                                                                                         ties
                   (Language of the case: French)
                                                                                                   (Case T-299/00)
An action against the Council of the European Union and the                                        (2000/C 355/68)
Commission of the European Communities was brought
before the Court of First Instance of the European Communities
on 18 September 2000 by Claude-Anne de Solène, a company                                    (Language of the case: Spanish)
having its registered office in Houplines (France), represented
by Claude Lazarus and Florent Prunet, of the Paris Bar.                  An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 19 September 2000 by Gestevisión
The applicant claims that the Court should:                              Telecinco, whose registered office is at Madrid, represented by
                                                                         Santiago Muñoz Machado.
—     order the defendants to pay the applicant the sum of
      EUR 317 759 in respect of harm sustained, pursuant to              The applicant claims that the Court should:
      Article 288 of the EC Treaty (together with such amount            —     annul Commission Decision 2000/400/EC of 10 May
      as the Court may award to take account of the period                     2000 relating to a proceeding pursuant to Article 81 of
      between the date on which the action was brought and                     the EC Treaty, adopted in Case IV/32.150 — Eurovision,
      the date of judgment);                                                   published in OJ 2000 L 151, p. 18,
—     order the defendants to pay the costs.                             —     order the Commission to pay the costs of these proceed-
                                                                               ings.
Pleas in law and main arguments                                          Pleas in law and main arguments
                                                                         The decision being challenged in the present case is the
The applicant is a specialist manufacturer of cotton bed linen,          same as that in Case T-185/00 Métropole Télévision (M6) v
a significant proportion of which is marketed in the United              Commission (1).
States of America. Following the banana trade dispute between
the European Union and the United States, the United States              The pleas in law and main arguments are similar to those put
required importers of certain products, including the applicant,         forward in that case. In particular, the applicant alleges:
to pay additional customs duty of 100 % on the products
which they import into the United States.                                —     failure to comply with the judgment in Joined Cases
                                                                               T-528/93, T-542/93, T-543/93 and T-546/93 Métropole
                                                                               Télévision and Others v Commission;
The action seeks compensation for the loss caused by those
trade sanctions applied by the United States.                            —     failure to state reasons and substantive errors in assessing
                                                                               the facts and the applicable legislation, so far as concerns
                                                                               definition of the relevant market, the indispensable nature
In support of its action, the applicant claims, first, that by                 of the exclusivity clauses, the effects of public funding for
adopting and maintaining in force the Community import                         most of the EBU membership on its competitive position
arrangements for fresh bananas the defendants are in breach                    in the relevant market and the actual effect of the system
of the rules laid down by the GATT and the WTO. The                            of sub-licences as adopted 4;
Community institutions are required to observe those pro-
                                                                         —     infringement of each and every one of the four conditions
visions when drafting secondary Community legislation.                         laid down in Article 81(3) of the EC Treaty;
                                                                         —     Misuse of powers.
Second, the applicant relies on an infringement of the prin-
ciples of equality, non-discrimination and protection of legit-
imate expectations, in that the defendants unlawfully failed to          (1) Not yet published.
have regard to the situation of the undertakings affected by the
sanctions.