CELEX: C2000/335/88
Language: en
Date: 2000-11-25 00:00:00
Title: Case T-251/00: Action brought on 15 September 2000 by Lagardère SCA, Canal+S.A. and Liberty Media Corporation against Commission of the European Communities

C 335/46               EN                       Official Journal of the European Communities                                      25.11.2000
Action brought on 15 September 2000 by Società Coope-                      SCA, Canal+S.A., whose registered office is in Paris, and Liberty
rativa Veneziana Motoscafi a r.l. and Others against                       Media Corporation, whose registered office is in Englewood,
         Commission of the European Communities                            Colorado, (United States of America), represented by Antoine
                                                                           Winckler and Jean-Patrice de La Laurencie, of the Paris Bar,
                                                                           Pierre-Manuel Louis, of the Brussels Bar, and Suyon Kim and
             (Joined Cases T-247/00 and T-250/00)
                                                                           Samuel Szlezinger, of the Bar of England and Wales.
                         (2000/C 335/87)
                                                                           The applicants claim that the Court should:
                    (Language of the case: Italian)                        —     annul, pursuant to Article 230 of the EC Treaty, the
                                                                                 Commission’s decision of 10 July 2000;
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                 —     order the Commission to pay the costs.
European Communities on 15 September 2000 by Società
Cooperativa Veneziana Motoscafi a r.l. and Others, represented
by Giorgio Orsoni and Andrea Pavanini, of the Venice Bar.
                                                                           Pleas in law and main arguments
The applicants claim that the Court should:
                                                                           The applicants contest the decision of the Commission of
—     annul Commission Decision 2000/394/EEC;                              10 July 2000 taken in the context of a proceeding pursuant to
                                                                           Council Regulation (EEC) No 4064/89 (Case COMP/JV 40
—     order the Commission to pay the costs.                               Canal+/Lagardère et COMP/JV 47 Canal+/Lagardère/Liberty
                                                                           Media) and amending the decision of the Commission of
                                                                           22 June 2000 declaring compatible with the common market
Pleas in law and main arguments                                            and with the EEA Agreement the concentration operation
                                                                           intended to create a number of joint ventures between
The pleas in law and main arguments are those relied upon in               companies of the Lagardère group, companies of the Canal+
Cases T-234/00 Fondazione Opera S. Maria della Carità v                    group and Liberty in the field of thematic channels and
Commission and T-235/00 Codess Sociale and Others (1).                     interactive television services and in the distribution of multi-
                                                                           channel bouquets, inasmuch as the amendment consists in
                                                                           categorising certain restrictive clauses declared to be ancillary
The applicants claim in particular that there has been a                   by the first decision as non-ancillary.
manifest error of assessment of the facts, as well as of
procedure, in so far as the relief from contributions in question
are characterised as aid. The applicants also allege infringement          The applicants argue that the contested decision is vitiated
of Article 87(3)(a) and (c) of the Treaty.                                 by serious breaches of procedure which should entail its
                                                                           annulment, in particular:
(1) not yet published.
                                                                           —     first, the Commission manifestly lacked the power ratione
                                                                                 temporis to adopt the decision of 10 July, since it was
                                                                                 taken more than two weeks after the expiry of the time-
                                                                                 limit of one month as provided for in Article 10(1) of
                                                                                 Regulation No 4064/89 and the decision of 22 June,
                                                                                 which was adopted within the statutory time-limit, had
                                                                                 brought the proceeding to a close;
Action brought on 15 September 2000 by Lagardère
SCA, Canal+S.A. and Liberty Media Corporation against                      —     secondly, by adopting the decision of 10 July, the Com-
         Commission of the European Communities                                  mission gravely and manifestly infringed the principles of
                                                                                 legal certainty, the protection of legitimate expectations
                                                                                 and the observance of acquired rights;
                         (Case T-251/00)
                                                                           —     thirdly, the decision of 10 July is vitiated by a failure to
                         (2000/C 335/88)                                         state reasons;
                                                                           —     fourthly, the decision of 10 July was adopted contrary to
                    (Language of the case: French)
                                                                                 the rights of the applicants’ right to a fair hearing.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 September 2000 by Lagardère