CELEX: C1996/247/26
Language: en
Date: 1996-08-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 July 1996 in Joined Cases T-528/93, T-542/93, T-543/93 and T-546/93: Métropole Télévision SA and Others v. Commission of the European Communities (Competition - Decisions of associations of undertakings - Agreements between undertakings - Exemption decision)

No C 247/ 12          EN                  Official Journal of the European Communities                                 24 . 8 . 96
  1 . the application is rejected;                                    Hemau , represented by Hartwig Schneider, Rechtsanwalt, 8
                                                                      Pacellistraße, Munich, against Commission of the European
 2 . each of the parties will bear its own costs.                     Communities ( Agents : Ulrich Wölker and Claudia Schmidt )
                                                                      — application for the annulment of Commission Regulation
 (') OJ No C 275 , 1 . 10 . 1994 .                                    ( EEC ) No 525/93 of 8 March 1993 establishing the value of
                                                                      the final regional reference amounts for producers of soya
                                                                      beans, rape seed, colza seed and sunflower seed for the
                                                                       1992/93 marketing year ( OJ No L 56 , 1993 , p. 18 ) — the
                                                                      Court of First Instance of the European Communities
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             ( Second Chamber, Extended Composition ), composed of
                         of 6 June 1996                               H. Kirschner, President, and B. Vesterdorf, C. W. Bellamy,
 in Case T-391/94 : Jean Baiwir v. Commission of the                  A. Kalogeropoulos and A. Potocki , Judges; H. Jung,
                   European Communities ( 1 )                         Registrar, gave a judgment on 10 July 1996 , in which it :
 (Officials — Act adversely affecting an official —                   I. dismisses the application as inadmissible;
  Time-limits under the Staff Regulations — Inadmissibility
                    — Action for damages).                            2 . orders the applicants jointly and severally to pay the
                           ( 96/C 247/24 )                                 costs .
                (Language of the case: French)                        (') OJ No C 177, 29 . 6 . 1993 .
 In Case T-391 /94 : Jean Baiwir, an official of the
 Commission of the European Communities , residing at
 Court-Saint-Etienne ( Belgium ), represented by Georges
 Vandersanden, of the Brussels Bar, with an address for
 service in Luxembourg at the offices of Fiduciaire Myson             JUDGMENT OF THE COURT OF FIRST INSTANCE
 Sari , 1 Rue Glesener v. Commission of the European                                         of 11 July 1996
 Communities ( Agents : first, Joseph Griesmar, then Julian
 Currall, assisted by Denis Waelbroeck ) — application for           in Joined Cases T-528/93 , T-542/93 , T-543/93' and
 annulment of the memorandum of 12 February 1993 from                T-546/93 : Métropole Télévision SA and Others v.
the Head of Unit IX . A. 6 of the Commission, purporting to                  Commission of the European Communities ( 1 )
classify the applicant as 'cross-category' for the purposes of        (Competition — Decisions of associations of undertakings
the 1 993 promotions within the career bracket, and also for         — Agreements between undertakings — Exemption
an order that the applicant be reinstated in his career as an                                      decision)
official in Grade B 4/2 with retroactive effect from 1 January                                 ( 96/C 247/26 )
 1993 , and compensation for the non-material damage
suffered — the Court of First Instance ( Fourth Chamber ),
composed of K. Lenaerts, President, P. Lindh and J. D.                    (Languages of the case: Spanish, French and Italian)
Cooke, Judges; B. Pastor, Principal Administrator, for the
Registrar, gave a judgment on 6 June 1996 , the operative            In Joined Cases T-528/93 , T-542/93 , T-543/93 and
part of which is as follows :                                        T-546/93 : Métropole Television SA, established in Paris,
                                                                     represented by Pierre Deprez, Philippe Dian and , at the
 1 . the application is dismissed as inadmissible;                   hearing, by Didier Théophile, all of the Paris Bar, with an
                                                                     address for service in Luxembourg at the Chambers of
2 . each of the parties will bear its own costs.                     Aloyse May, 31 Grand-Rue , Reti Televisive Italiana SpA,
                                                                     established in Rome, represented by Carlo Mezzanotte and
(') OJ No C 392 , 31 . 12 . 1994 .
                                                                     Giovanni Motzo, of the Rome Bar, and Aurelio Pappalardo,
                                                                     of the Trapani Bar, and, at the hearing, by Massimo Merola ,
                                                                     of the Trapani Bar, with an address for service in
                                                                     Luxembourg at the Chambers of Alain Lorang, 51 Rue
                                                                     Albert Ier , supported by Sociedade Independente de
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             Comunicação SA ( SIC ), established at Linda-a-Velha
                        of 10 July 1996                              ( Portugal ), represented by Carlos Botelho Moniz, of the
       in Case T-482/93 : Martin Weber and Others v.                 Lisbon Bar, with an address for service in Luxembourg at
        Commission of the European Communities ( 1 )                 the Chambers of Carole Kerschen , 31 Grand-Rue,
                                                                     Gestevisión Telecinco SA, established in Madrid ,
(Common agriculturalpolicy — Support system for oilseeds             represented by Santiago Munoz Machado, of the Madrid
— Regulations (EEC) Nos 3766/91 and 525/93 — Actions                 Bar, with an address for service in Luxembourg at the
        for annulment of measures — Inadmissibility)                 Chambers of Carlos Amo Quinones, 2 Rue Gabriel
                          ( 96/ C 247/25 )                           Lippmann , and Antena 3 de Television , established in
                                                                     Madrid , represented by Fernando Pombo Garcia , Ricardo
               (Language of the case: German)                        Garcia Vicente , Emiliano Garayar Gutierrez and Maria
                                                                     Luisa Tierno Centella , of the Madrid Bar, with an address
In Case T-482/93 : Martin Weber and Maria Weber, residing            for service in Luxembourg at the Chambers of Claude
at Hemau ( Germany ), Martin Weber GdbR , established at             Wassenich , 6 Rue Dicks, against Commission of the
 ---pagebreak--- 24 . 8 . 96             EN                    Official Journal of the European Communities                                No C 247/ 13
European Communities, represented in Case T-528/93 ,                      JUDGMENT OF THE COURT OF FIRST INSTANCE
initially by Berend Jan Drijber, of its Legal Service , and                                          of 11 July 1996
Géraud de Bergues, subsequently by Mr Drijber alone, in
Case T-542/93 , by Berend Jan Drijber, assisted by Alberto                      in Case T-587/93 : Elena Ortega Urretavizcaya v.
Dal Ferro, in Cases T-543/93 and T-546/93 , by Berend Jan                          Commission of the European Communities ( )
Drijber and Francisco Enrique Gonzalez Diaz, and , at the                 (Officials — Member of the temporary staff — Offer —
hearing, by Guy Charrier, supported in Case T-528/93                      Temporary staff contract — Alteration ofgrade and duties
by European Broadcasting Union , based in Geneva                                             — Legitimate expectations)
( Switzerland ), represented by Hanns Ullrich , a university                                          ( 96/C 247/27 )
professor in Munich , with an address for service in
Luxembourg at the Chambers of Jean Welter, 100
Boulevard de la Pétrusse, in Case T-542/93 by                                             (Language of the case: Spanish)
Radiotelevisione Italiana SpA ( RAI ), established in Rome,
represented by Patrizia Ferrara Ginsburg, of the
Luxembourg Bar, Alessandro Pace and Gian Luigi Tosato,                   In Case T-587/93 : Elena Ortega Urretavizcaya , a member of
of the Rome Bar, with an address for service in Luxembourg               the temporary staff of the Commission of the European
at the Chambers of Patrizia Ferrara Ginsburg, 31 Avenue                  Communities , residing in Brussels, represented by Antonio
Guillaume, and in Cases T-543/93 and T-546/93 by                         Creus, of the Barcelona Bar, and Bonifacio Garcia Porras, of
Radiotelevisión Española ( RTVE ), established in Madrid,                the Salamanca Bar, at the Chambers of Messrs Cuatrecasas,
represented initially by Alfredo Sanchez-Bella Carswell ,                78 Avenue d'Auderghem , Brussels , v. the Commission of the
Rafael Aldama Caso and Jose Rivas Andres, of the Madrid                  European Communities ( Agents : Ana Maria Alves Vieira
Bar, subsequently by Rafael Aldama Caso and Jose Rivas                   and Francisco Enrique Gonzalez Diaz ) — application for,
Andres, with an address for service in Luxembourg at the                 first, the annulment of the decision as to grading contained
Chambers of Jean Welter, 100 Boulevard de la Pétrusse —                  in Articles 2 and 3 of applicant's temporary staff contract
application for annulment of Commission Decision                         and, second , for compensation , — the Court of First
93/403/EEC of 11 June 1993 relating to a proceeding                      Instance ( Fifth Chamber ), composed of R. Schintgen ,
pursuant to Article 85 of the EEC Treaty ( IV/32.150 —                   President, R. García-Valdecasas and J. Azizi , Judges ; B.
EBU/Eurovision System, OJ No I. 179, 1993 , p. 23 ) — the                Pastor, Principal Administrator, for the Registrar, has given
Court of First Instance of the European Communities ( First              a judgment on 11 July 1996 in which it :
Chamber, Extended Composition ), composed of: A. Saggio,
President, H. Kirschner, A. Kalogeropoulos, V. Tiili and
                                                                         1 . dismisses the action as inadmissible in so far as it
R. M. Moura Ramos, Judges; Registrar, J. Palacio Gonzalez,
                                                                               requests the Court to order the defendant to adopt a new
Administrator, has given a judgment in which it:                               decision ;
1 . annuls Commission Decision 93/403/EEC of 1 1 June
     1993 relating to a proceeding pursuant to Article 85 of             2 . annuls the defendant 's decision as to grading, as
     the EEC Treaty (IV/32A 50 — EBU/Eurovision                                provided for in the contract of employment;
     System);
                                                                         3 . sets the amount to be paid to the applicant by way of
2 . orders the Commission to bear its own costs and to pay                     compensation as the difference between, on the one
     the costs incurred by the applicants and those incurred                   hand, the net salary which she would have received ifshe
     by the intervener Sociedade Independente de                               had been placed as from 1 March 1 993 in grade 3 , with
     Comunicação SA ;                                                          the step fixed in accordance with the grade in
                                                                               administration decision , multiplied by the number of
                                                                               months between the date on which the contested
3 . orders Reti Televisive Italiane SpA to bear the costs                      decision was adopted and the date of delivery of this
     incurred by it in connection with the intervention of                     judgment, taking into account the automatic advances
     Radiotelevisione Italiana SpA ; orders Gestevisión                        in step for which she would have qualified and, on the
     Telecinco SA and Antena 3 de Television to bear the
                                                                               other hand, the salary which she actually received;
     costs respectively incurred by them in connection with
     the interventions of Radiotelevisión Española;
                                                                         4 . adds to the amount referred to at point (3) above interest
4 . orders the intervener European Broadcasting Union to                       at 8 % as from 23 December 1 993 until payment;
     bear its own costs and to pay the costs incurred by the
     applicant Métropole Television SA in connection with                5 . dismisses the claim for compensation for non-material
     its intervention; orders the interveners Radiotelevisione                 damage;
     Italiana SpA and Radiotelevisión Española to bear their
     own costs .
                                                                         6 . orders the defendant to pay all the costs.
(>) OJ No C 306 , 12 . 11 . 1 993 ; OJ No C 328 , 4 . 12 . 1993 ; and OJ
    No C 325 , 2 . 12 . 1993 .                                           f 1 ) O I No C 43 , 12 . 2 . 1994 .