CELEX: C1995/074/17
Language: en
Date: 1995-03-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 January 1995 in Case T-114/92: Bureau Européen des Médias de l'Industrie Musicale (BEMIM) v. Commission of the European Communities (Competition - Copyright - Regulation (EEC) No 17 - Rejection of a complaint - Obligations concerning the investigation of complaints - Community interest)

25 . 3 . 95           EN                 Official Journal of the European Communities                                   No C 74/9
application of a progressive weighting, not based on any                    Removal from the register of Case C-148/94 (*)
objective criterion, which is greater and increases more                                        ( 95/C 74/15 )
rapidly for the four tax bands from 19 CV (fiscal
horsepower) opwards, which apply only to cars imported
from other Member States, than for the tax bands from 12
to 14 CV, which cover three tax ratings, and the four tax           By order of 12 January 1995 the President pf the Court of
bands from 15 to 18 CV, in which its rate of progression is         Justice of the European Communities ordered the removal
constant and which apply to French-made cars capable of             from the register of Case C-148/94: Commission of the
being considered similar to imported products of over               European Communities v. Ireland.
19 CV ?
                                                                    f 1 ) OJ No C 202 , 23 . 7. 1994.
                                                   COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                            2 . the remainder of the application, in so far as it is based
                       ( Second Chamber)                                   on Article 1 75 of the Treaty, is dismissed;
                      of 24 January 1995
                                                                    3 . it is not necessary to rule on the application under
in Case T-74/92: Ladbroke Racing (Deutschland ) GmbH v.                    Article 173 of the Treaty in so far as it concerns
        Commission of the European Communities i 1 )                       Article 86 of the Treaty;
 (Competition — Action for failure to act and annulment —
Articles 85 and 86 of the Treaty — Investigation of the
                                                                    4 . in so far as the application for annulment concerns
                            complaint)
                                                                           Article 85 of the Treaty it is dismissed as
                            95/C 74/16                                     inadmissible;
                (Language of the case: English)                     5 . the application seeking to have the Court issue
                                                                           directions   to   the    Commission   is  dismissed  as
                                                                           inadmissible;
In Case T-74/92 : Ladbroke Racing ( Deutschland) GmbH,
whose registered office is in Mainz (Germany), represented
by Jeremy Lever QC and Christopher Vajda, Barrister,                6 . the Commission shall pay its own costs and
members of the Bar of England and Wales, and by Stephen                    three-quarters of those of the applicant;
Kon, Solicitor, with an address for service in Luxembourg at
the Chambers of Winandy and Err, 60 Avenue Gaston                   7. the intervener shall pay its own costs.
Diderich v. Commission of the European Communities
 (Agents : J. Currall and F. E. Gonzalez-Diaz), supported by
Deutscher Sportverlag Kurt Stoof GmbH & Co.,                        (!) OJ No C 294, 10 . 11 . 1992 .
represented by Klaus-Jiirgen Michaeli and Ute Zinsmeister,
of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Bonn and Schmitt, 62
Avenue Guillaume — application under the third paragraph
of Article 175 of the EEC Treaty for a declaration that the
Commission failed to define its position on the applicant's          JUDGMENT OF THE COURT OF FIRST INSTANCE
complaint based on Articles 85 and 86 of the EEC Treaty
 (IV/33.375 — Ladbroke GmbH/PMU-PMI-DSV), and                                              of 24 January 1995
alternatively under Article 173 of the EEC Treaty for the           in Case T-114/92: Bureau Européen des Médias de
annulment of the Commission's implicit decision to reject           l'Industrie Musicale (BEMIM) v. Commission of the
the complaint — the Court of First Instance ( Second                                    European Communities ( ! )
 Chamber), composed of: J. L. Cruz Vila^a, President, C. P.          (Competition — Copyright — Regulation (EEC) No 17 —
Briet, A. Kalogeropoulos, D. P. M. Barrington and J.                Rejection of a complaint — Obligations concerning the
Biancarelli, Judges, H. Jung, Registrar, has given a judgment             investigation of complaints — Community interest)
on 24 January 1995 , in which it declares that:
                                                                                                  95/C 74/17 )
 1 . in breach of the EEC Treaty the Commission has failed
     to define its position on the applicant's complaint (No                          (Language of the case: French)
     IV/33.375 — Ladbroke GmbH/PMU-PMI-DSV) in so
     far as the latter was based on Article 86 of the               In Case T-114/92: Bureau Européen des Médias de
     Treaty;                                                        l'Industrie Musicale ( BEMIM ), established in Paris,
 ---pagebreak---  No C 74/10            ( EN                  Official Journal of the European Communities                                        25 . 3 . 95
 represented by Michel Gautreau, of the Paris Bar, with an              Pierrot Schiltz, 4 Rue Beatrix de Bourbon, v. Commission of
 address for service in Luxembourg at the Chambers of Rita              the European Communities (Agents : Julian Currall and
 Reichling, 11 Boulevard Royal, v. Commission of the                    Géraud de Bergues ) — application for the annulment of the
 European Communities (Agents: J. Currall and G. de                     Commission Decision of 12 November 1992 rejecting the
 Bergues ) — application for the annulment of the                       applications made by the applicants under Article 3 (2) of
 Commission Decision of 20 October 1992 rejecting the                   Council Regulation ( EEC ) No 17 of 6 February 1962, First
 application made by the applicant under Article 3 (2 ) of              Regulation implementing Articles 85 and 86 of the
 Council Regulation ( EEC ) No 17 of 6 February 1962, First             Treaty ( 2 ), concerning the conduct of the Societe des
 Regulation implementing Articles 85 and 86 of the                      Auteurs, Compositeurs et Editeurs de Musique — the Court
 Treaty (2 ), concerning the conduct of the Societe des                 of First Instance (Second Chamber), composed of: J. L. Cruz
 Auteurs, Compositeurs et Editeurs de Musique — the Court               Vilaça, President, C. P. Briët, A. Kalogeropoulos, D. P. M.
 ( Second Chamber), composed of: J. L. Cruz Vilaça,                     Barrington and A. Saggio, Judges, H. Jung, Registrar, has
 President of the Chamber, C. P. Briët, A. Kalogeropoulos,              given a judgment on 24 January 1995 , in which it:
 D. P. M. Barrington and A. Saggio, Judges; H. Jung,
 Registrar, has given a judgment on 24 January 1995 , in
 which it:                                                              1 . annuls the Commission Decision of 12 November 1 992
                                                                              in so far as it rejects the applicants ' allegation that the
                                                                              market has been partitioned as a result of an alleged
 1 . annuls the Commission Decision of20 October 1 992 in                     agreement between Societe des Auteurs, Compositeurs
       so far as it rejects the. applicant's allegation that the              et Editeurs de Musique and the copyright-management
       market has been partitioned as a result of an alleged                  societies in the other Member States;
       agreement between Societe des Auteurs, Compositeurs
       et Editeurs de Musique and the copyright-management
       societies in the other Member States;                            2 . dismisses the remainder of the application;
 2. dismisses the remainder of the application;                         3 . orders the Commission to bear its own costs and to pay
                                                                              one half of the applicant's costs, the applicants to bear
 3 . orders the Commission to bear its own costs and to pay                   the other half of their costs and the intervener to bear its
                                                                              own costs .
       one halfofthe applicant's costs, the applicant to bear the
       other half of its costs.
                                                                        0 ) OJ No C 43 , 16 . 2 . 1993 .
 (!) OJ No C 43 , 16 . 2 . 1993 .                                       ( 2 ) OJ, English Special Edition 1959-62, p. 87.
 (2 ) OJ, English Special Edition 1959-62, p. 87.
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 24 January 1995                                                      of 2 February 1995
in Case T-5/93 : Roger Tremblay, Francois Lucazeau and                 in Case T-106/92: Erik Dan Frederiksen v. European
Harry Kestenberg v. Commission of the European                                                     Parliament (M
                          Communities ( J )                             (Officials — Temporary posting — Lawfulness —
 (Competition — Copyright — Regulation (EEC) No 17 —                   Infringement of Article 1 76 of the Treaty — Misuse of
Rejection of a complaint — Obligations concerning the                                                 powers)
      investigation of complaints — Community interest)                                             95/C 74/19 )
                            ( 95/C 74/18 )
                                                                                         (Language of the case: French)
                  (Language of the case: French)
                                                                       In Case T-106/92 : Erik Dan Frederiksen, an official of the
In Case T-5/93 : Roger Tremblay, of Vernantes ( France ),              European Parliament, residing at Howald (Luxembourg),
Francois Lucazeau, of La Rochelle (France ), Harry                     represented by Georges Vandersanden, of the Brussels Bar,
Kestenberg,         of     Saint-Andre-les-Vergers      ( France ),    with an address for service in Luxembourg at the Chambers
represented by Jean-Claude Fourgoux, of the Paris and                  of Alex Schmitt, 62 Avenue Guillaume, v. European
Brussels Bar, with an address for service in Luxembourg at             Parliament (Agents : J. Campinos and D. Petersheim,
the Chambers of Pierrot Schiltz, 4 Rue Beatrix de Bourbon,             subsequently E. Perillo and D. Petersheim) — application
supported by Syndicat des Exploitants de Lieux de Loisirs              for the annulment of the decision of the European
( SELL), whose head office is in Paris, represented by                 Parliament of 16 June 1992 appointing Mrs X temporarily
Jean-Claude Fourgoux, of the Paris and Brussels Bars, with             to the post of Language Adviser in the Danish Translation
an address for service in Luxembourg at the Chambers of                Division — the Court of First Instance (Fifth Chamber),