CELEX: C1998/113/29
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 February 1998 in Case T-107/96: Pantochim SA v. Commission of the European Communities (State aid - Action for failure to act - No need to adjudicate - Action for damages - Claim for an order requiring a Member State to modify the conditions for the grant of aid already accorded - Factual circumstances - Commission's lack of competence)

C 113/12               EN                 Official Journal of the European Communities                                 11.4.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 17 February 1998                                                of 19 February 1998
in Case T-107/96: Pantochim SA v. Commission of the                  in Joined Cases T-369/94 and T-85/95: DIR International
                   European Communities (1)                          Film Srl and Others v. Commission of the European
                                                                                           Communities (1)
(State aid Ð Action for failure to act Ð No need to
adjudicate Ð Action for damages Ð Claim for an order                 (Action for annulment Ð Decision of the European Film
requiring a Member State to modify the conditions for the            Distribution Office (EFDO) Ð Instructions given by the
grant of aid already accorded Ð Factual circumstances Ð              Commission Ð Decisions imputable to the Commission Ð
              Commission's lack of competence)                       Action programme to promote the development of the
                                                                     European audiovisual industry (MEDIA) Ð Financing of
                         (98/C 113/29)
                                                                     film distribution Ð Criteria for assessment Ð Statement
                                                                                              of reasons)
                                                                                            (98/C 113/30)
                (Language of the case: French)
In Case T-107/96: Pantochim SA, established at Feluy                                (Language of the case: English)
(Belgium), represented by Jacques Bourgeois, of the
Brussels Bar, with an address for service in Luxembourg at
the Chambers of Marc Loesch, 11 rue Goethe, against
Commission of the European Communities (Agents:
GeÂrard Rozet and HerveÂ Lehman), supported by French                In Joined Cases T-369/94 and T-85/95: DIR International
Republic (Agents: initially Catherine de Salins and                  Film Srl, established in Rome, Nostradamus Enterprises
FreÂdeÂric Pascal, subsequently Kareen Rispal-Bellanger and          Ltd, established in London, Union PN Srl, established in
FreÂdeÂric Pascal) Ð application for (i) a declaration that          Rome, United International Pictures BV, established in
the Commission unlawfully failed to act in not deciding,             Amsterdam, United International Pictures AB, established
pursuant to Article 93(2) of the Treaty, that France should          in Stockholm, United International Pictures APS,
modify the conditions for the grant of aid which it had              established in Copenhagen, United International Pictures
accorded for biofuels and for (ii) an award of                       A/S, established in Oslo, United International Pictures
compensation for the damage allegedly caused to the                  EPE, established in Athens, United International Pictures
applicant by that failure to act Ð the Court of First                OY, established in Helsinki, and United International
Instance (Third Chamber), composed of: B. Vesterdorf,                Pictures y Cía SRC, established in Madrid, represented by
President, C. P. BrieÈt, P. Lindh, A. Potocki, and J. D.             Michel Waelbroeck, of the Brussels Bar, with an address
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the          for service in Luxembourg at the Chambers of Ernest
Registrar, has given a judgment on 17 February 1998, in              Arendt, 8Ð10 rue Mathias Hardt, against Commission of
which it:                                                            the European Communities (Agents: Berend Jan Drijber
                                                                     and Peter Oliver) Ð applications for the annulment of,
                                                                     first, the letters from the European Film Distribution
                                                                     Office (EFDO) to the applicants of 12 September 1994
1. declares that there is no need to adjudicate on the               adjourning the procedure in relation to applications for
     application for a declaration of failure to act,                loans under the action programme to promote the
                                                                     development of the European audiovisual industry
                                                                     (MEDIA) for the distribution of two films and/or of the
                                                                     measure whereby the Commission instructed EFDO to
2. dismisses the action for damages as unfounded,                    take those decisions; and, secondly, the measure of
                                                                     5 December 1994 whereby EFDO rejected the applications
                                                                     for loans and/or the measure whereby the Commission
                                                                     instructed EFDO to adopt that measure Ð the Court of
3. orders the applicant to pay the costs, including those            First Instance (First Chamber), composed of: A. Saggio,
     relating to the interim proceedings,                            President, V. Tiili and R. M. Moura Ramos, Judges; J.
                                                                     Palacio GonzaÂlez, Administrator, for the Registrar, has
                                                                     given a judgment on 19 February 1998, in which it:
4. orders the Government of the French Republic to bear
     its own costs.
                                                                     1. rules that there is no need to adjudicate on the
                                                                          application in Case T-369/94,
(1) OJ C 269, 14.9.1996.
                                                                     2. dismisses the application in Case T-85/95,