CELEX: C1999/226/60
Language: en
Date: 1999-08-07 00:00:00
Title: Case T-112/99: Action brought on 10 May 1999 by Métropole Télévision - M6, Suez-Lyonnaise des Eaux, France Télécom and Télévision Française 1 - TF1 against Commission of the European Communities

C 226/34              EN                      Official Journal of the European Communities                                       7.8.1999
had he not been appointed to that post on the conclusion of              The applicants consider that both the exclusive rights clause
an irregular procedure for which he is in no way responsible,            concerning the general channels and the clause granting
he would by now, in the course of a normal career, have                  preference to TPS by its associates for the special interest
reached the grade of A 4 and could apply for the post.                   channels and the television services which constitute incidental
                                                                         restrictions on the TPS joint venture, should be afforded the
The applicant considers that, by acting in that way, the                 same treatment as the joint venture. B refusing to acknowledge
Parliament has infringed Article 233 EC (ex Article 176),                the incidental nature of the restrictions deriving from those
Articles 4, 7(1), 29(1), 45 and 46 of the Staff Regulations of           clauses, the Commission is forcing the applicants to request
Officials and the internal rules and provisions adopted by the           on a regular basis the renewal of the exemptions granted,
Parliament with regard to promotion and career development,              which runs counter to Article 81 EC (ex Article 85) and the
and that it has violated the principle of equal treatment, the           principle of legal certainty. In the alternative, the applicants
duty to have regard for the welfare and interests of officials,          claim that the Commission misapplied the exemption criteria
and the principles of proportionality and of the protection              provided for in the third paragraph of the aforementioned
of legitimate expectations. He furthe1 maintains that the                Article 81, and misassessed the minimal duration of the
contravention’s of the above-mentioned rules and principles              exemption.
form part of a process of misuse of powers designed to secure
the appointment to the post in issue of a candidate chosen in            So far as concerns the clause referred to in Article 2 of
advance.                                                                 the contested decision, the applicants emphasise that the
                                                                         Commission, while considering their undertaking not to
                                                                         compete to be a restriction incidental to the setting up of the
                                                                         TPS, has nevertheless decided to restrict to three years the
                                                                         incidental status of that restriction. In their view, by adopting
                                                                         that approach, the Commission has not complied with the
                                                                         rules which it had itself laid clown in the 24th Report on
Action brought on 10 May 1999 by Métropole Télévision                    Competition Policy (1994), thus infringing Article 81 EC (ex
— M6, Suez-Lyonnaise des Eaux, France Télécom and                        Article 85) and the principle of legal certainty.
Télévision Française 1 — TF1 against Commission of the
                    European Communities
                        (Case T-112/99)
                        (1999/C 226/60)
                   (Language of the case: French)
                                                                         Action brought on 7 May 1999 by The Galileo Company
                                                                         and Galileo International L.L.C against the Council of the
An action against the Commission of the European Communi-                                        European Union
ties was brought before the Court of First Instance of the
European Communities on 10 May 1999 by Métropole
Télévision - M6, Neuilly-sur-Seine (France), Suez-Lyonnaise des                                  (Case T-113/99)
Eaux, Nanterre (France), France Télécom Paris, and Télévision
Française 1 - TF1, Paris, represented by Didier Théophile,
Patrick Dunaud and Patricia Elsen, of the Paris Bar, with an                                     (1999/C 226/61)
address for service in Luxembourg at the Chambers of Aloyse
May. 31 Grand-Rue.
                                                                                           (Language of the case: English)
The applicant claims that the Court should:
— annul in part the Commission Decision of 3 March 1999                  An action against the Council of the European Union was
    relating to a proceeding under Article 85 of the EC Treaty           brought before the Court of First Instance of the European
    (Case IV/36.237 - TPS) (OJ 1999 L 90, p. 6) to the extent            Communities on 7 May 1999 by The Galileo Company and
    of annulling Articles 2 and 3 thereof;                               Galileo International L.L.C., represented by Richard Plender,
                                                                         Sara Masters, Katherine Holmes and Daniel Austin, with an
— order the Commission to pay the costs.                                 address for service in Luxembourg at the Chambers of Elvinger,
                                                                         Hoss and Prussen, 15 Côte d’Eich.
Pleas in law and main arguments
                                                                         The applicant claims that the Court should:
The applicants criticise the Commission for having granted
only a temporary negative clearance of three years in respect            — annul Article 1(7)(b), second indent, of Council Regulation
of certain clauses in the agreements setting up the Télévision               (EC) No 323/1999 of 8 February 1999 to the extent to
par Satellite (TPS) company, namely, on the one hand, the                    which that measure applies to operators of Computer
clause on the exclusive transmission of the four channels on                 Reservation Systems in being on the date when the
TPS and the clause on the special-interest channels and                      measure was made; and
television services provided by TPS (Article 3 of the contested
decision) and, on the other, the non-competition clause (Article         — order the Council to pay the costs of the action including
2 of the contested decision).                                                those of the applicants.