CELEX: C1997/370/20
Language: en
Date: 1997-12-06 00:00:00
Title: Action brought on 3 October 1997 by the Vlaamse Televisie Maatschappij NV against Commission of the European Communities (Case T-266/97)

6 . 12 . 97           EN                       Official Journal of the European Communities                                    C 370/9
which the Commission rejected. An action against that                     In support of its application for the annulment of that
decision was brought by the applicant before the Court of                 decision, VTM raised five pleas in law.
First Instance ('). In the present case the applicant seeks
compensation for the damage occasioned to him by the                      1 . Breach of its right of defence .
unlawful failure of the Commission to exercise the powers
of surveillance and control conferred on it by the Treaty in              2 . Breach of the principle of the protection of legitimate
accordance with the prescribed legal framework to protect                     expectations, the principle of legal certainty and the
his legitimate interests by the adoption of interim                           duty of care :
measures .
                                                                              in Case C-211/91 ( judgment of 16 December 1992 )
(') Case T-235/95 , OJ C 64, 2 . 3 . 1996 , p. 19 .                           the Commission did not consider that the exclusive
                                                                              right relating to commercial television constituted an
                                                                              infringement of Article 52 of the EC Treaty. When the
                                                                              Commission has examined the compatibility with the
                                                                              Treaty of a provision of national law under Article 169
                                                                              of the EC Treaty, it may not subsequently find a part
Action brought on 3 October 1997 by the Vlaamse                               of that provision to be incompatible with the Treaty in
Televisie Maatschappij NV against Commission of the                           the context of proceedings under Article 90 ( 3 ).
                    European Communities
                        ( Case T-266/97)                                  3 . Breach of the obligation to state reasons under
                          ( 97/C 370/20 )                                     Article 190 of the EC Treaty:
                (Language of the case: Dutch)                                 since this is the first time that the Commission has
                                                                              held an exclusive right to be incompatible with
An action against the Commission of the European                              Article 90 ( 1 ), read in conjunction with Article 52 of
Communities was brought before the Court of First                             the EC Treaty, the requirement to state the reasons on
Instance of the European Communities on 3 October 1997                        which that decision was based was even greater, VTM
by Vlaamse Televisie Maatschappij NV ( Flemish                                maintains .
Television Company), represented by F. Herbert and D.
Arts, of the Brussels Bar, with an address for service in                 4 . In the alternative, infringement of Article 90 ( 1 ), read
Luxembourg at the Chambers of C. Zeyen, of the                                in conjunction with Article 52 of the EC Treaty:
Luxembourg Bar, 56—58 Rue Charles Martel ,
Luxembourg-Merl .                                                             VTM challenges the Commission's view that Flemish
                                                                              cultural policy, which is based on preservation of
The applicant claims that the Court should :                                  pluralism in the Flemish press, does not justify VTM's
                                                                              exclusive right in respect of commercial television in
1 . annul the Commission Decision of 26 June 1997                             Flanders .
     pursuant to Article 90 ( 3 ) of the EC Treaty on the
     exclusive right to broadcast television advertising in               5 . Missuse of powers:
     Flanders;
                                                                              this  is the     fifth time     that the Commission has
2 . order the Commission to pay the costs .                                   challenged the Flemish media legislation . According to
                                                                              VTM, the Commission's persistence is the result of
Pleas in law and main arguments adduced in support:                           political pressure at both national and European level .
The action by VTM must be considered in the context of
the statutory provisions adopted by the Vlaamse
Gemeenschap ( Flemish Community ) which, as a
transitional measure pending the liberalization of the
audiovisual market, grant the exclusive right to operate                  Action brought on 6 October 1997 by Broome &
commercial television in Flanders to one private                          Wellington Ltd against the Commission of the European
broadcasting corporation, which may only broadcast                                                     Communities
advertising with the authorization of the Flemish                                                   ( Case T-267/97 )
Government . In 1987 VTM was authorized to broadcast
advertising for a period of 18 years.                                                                 ( 97/C 370/21 )
In 1994 VT4, a company incorporated under English law                                     (Language of the case: English)
but with its origins in Flanders, submitted a complaint to
the Commission concerning VTM 's exclusive right to                       An action against the Commission of the European
operate commercial television in Flanders.                                Communities was brought before the Court of First
                                                                          Instance of the European Communities on 6 October 1997
According to Commission Decision 97/606/EC of 26 June                     by Broome & Wellington Ltd, represented by Fiona M.
 1997 ( OJ L 244 , 6 . 9 . 1997, p. 18 ) that exclusive right is           Carlin and James H. Searles, with an address for service in
contrary to Article 90 ( 1 ) of the EC Treaty, read in                    Luxembourg at the office of Arendt & Medernach, 8—10
conjunction with Article 52 of the EC Treaty.                             rue Mathias Hardt .