CELEX: C2002/084/110
Language: en
Date: 2002-04-06 00:00:00
Title: Case T-297/01: Action brought on 6 December 2001 by SIC — Sociedade Independente de Comunicação S.A. against Commission of the European Communities

6.4.2002               EN                      Official Journal of the European Communities                                        C 84/59
Action brought on 6 December 2001 by SIC — Sociedade                      In view of the inactivity of the Community institution, the
Independente de Comunicação S.A. against Commission                      applicant, in accordance with Article 232 of the EC Treaty, in
                 of the European Communities                              August 1995 requested the Commission to adopt a position
                                                                          on the complaint, in particular with regard to the request that
                                                                          it initiate the procedure under Article 88(2) of the EC Treaty.
                         (Case T-297/01)
                         (2002/C 84/110)                                  The Commission requested additional information of the
                                                                          Portuguese authorities.
                  (Language of the case: Portuguese)
                                                                          Disappointed with that request, which it considered to be
                                                                          merely interlocutory in nature, and in view of the Com-
                                                                          mission’s failure to act, SIC brought an action for failure to act
An action against the Commission of the European Communi-                 under Article 232 of the EC Treaty (Case T-231/95).
ties was brought before the Court of First Instance of the
European Communities on 6 December 2001 by SIC —
Sociedade Independente de Comunicação S.A., whose regis-
tered office is at Carnaxide, Linda-a-Velha (Portugal), represent-        Following the adoption by the Commission of the decision of
ed by Carlos Botelho Moniz, lawyer.                                       7 November 1996 on the financing from public funds granted
                                                                          to RTP, the action for failure to act was emptied of purpose
                                                                          and the applicant abandoned the action.
The applicant claims that the Court should:
                                                                          Meanwhile, on 22 October 1996 SIC lodged a fresh complaint
—     find the action admissible;                                         with the Commission against the Portuguese Republic claiming
                                                                          infringement of Articles 87 and 88 of the EC Treaty in respect
                                                                          of the manner in which the concession for public service
—     order the Commission to pay all the costs.                          television was granted.
                                                                          The second complaint was, in essence, based on the same legal
Pleas in law and main arguments                                           grounds as the first.
The applicant is a commercial company whose sole object is                On 6 October 1997 the applicant received a copy of the
the pursuit of television broadcasting activities.                        abovementioned decision of the Commission of 7 November
                                                                          1996 addressed to the Portuguese Republic concerning the
                                                                          financing of public television channels in which the Com-
                                                                          mission took the view that the measures referred to did not
On 30 July 1993, the applicant lodged with Directorate                    amount to State aid granted by the Portuguese State to RTP
General for Competition — DG IV of the Commission —                       and were therefore not covered by the Treaty State aid rules.
a complaint against the Portuguese Republic and RTP —
Radiotelevisão Portuguesa, alleging breach of Community
rules on competition, in particular of Articles 87 and 88 of the
EC Treaty.                                                                By application of 3 March 1997 SIC brought an action for
                                                                          annulment of that decision (Case T-46/97).
The complaint concerned a number of measures adopted by
the Portuguese Government in favour of RTP, a public operator             In the judgment delivered on 10 May 2000, the Court of First
holding the public service television concession, taking the              Instance held that the Commission was under a duty to initiate
view that such measure constituted State aid within the                   the procedure under Article 88(2) of the EC Treaty in respect
meaning of Article 87 of the EC Treaty and that such aid had              of a number of financial measures adopted by the Portuguese
been granted contrary to Article 88(3) of the Treaty.                     State vis-à-vis RTP.
More than 2 years after the complaint was lodged, and despite             By letter of 3 January 2001, SIC asked the Commission what
various approaches by SIC, SIC found that the Commission                  measures it intended to adopt in order to comply with the
had failed to adopt a position on the complaint.                          judgment.
 ---pagebreak--- C 84/60                EN                      Official Journal of the European Communities                                     6.4.2002
In the absence of any reply from the Commission, the                            complaints of 22 October 1996 and 20 June 1997 lodged
applicant, by letter of 26 July 2001, called upon it to take                    by the applicant;
action in accordance with the second paragraph of Article 232.
                                                                          3.    order the Commission to pay all the costs.
After the expiry of the period of two months prescribed by the
Treaty, the Commission had not initiated the procedure nor
responded to the call to take action.
                                                                          Pleas in law and main arguments
In early November 2001, after the abovementioned two-
month period had expired, the applicant received a letter from            The applicant is a commercial company whose sole object is
the Commission informing it that the internal preparatory                 the pursuit of television broadcasting activities.
work for compliance with the judgment of the Court of First
Instance of May 2000 was almost complete.
                                                                          On 22 October 1996, the applicant lodged with Directorate
                                                                          General for Competition — DG IV of the Commission —
The applicant takes the view that that letter is a merely                 a complaint against the Portuguese Republic and RTP —
provisional step which does not define the position of the                Radiotelevisão Portuguesa, alleging breach of Community rules
defendant institution.                                                    on competition, in particular of Articles 87 and 88 of the EC
                                                                          Treaty.
                                                                          The complaint concerned a number of measures adopted by
                                                                          the Portuguese Government in favour of RTP, a public operator
                                                                          holding the public service television concession, taking the
                                                                          view that such measure constituted State aid within the
Action brought on 6 December 2001 by SIC — Sociedade                      meaning of Article 87 of the EC Treaty and that such aid had
Independente de Comunicação S.A. against Commission                      been granted contrary to Article 88(3) of the Treaty.
                 of the European Communities
                         (Case T-298/01)                                  The complaint related, in particular, to compensatory pay-
                                                                          ments made in 1994, 1995 and 1996 by the Portuguese
                                                                          Republic to RTP.
                         (2002/C 84/111)
                  (Language of the case: Portuguese)                      The payments for 1994 and 1995 were the subject of a
                                                                          Commission decision of 7 November 1996, against which an
                                                                          action for annulment was brought.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                The failure to act which constitutes the subject-matter of the
European Communities on 6 December 2001 by SIC —                          present action relates to the compensatory payment for 1996.
Sociedade Independente de Comunicação S.A., whose regis-
tered office is at Carnaxide, Linda-a-Velha (Portugal), represent-
ed by Carlos Botelho Moniz, lawyer.                                       Such a measure constitutes State aid within the meaning of
                                                                          Article 87 of the EC Treaty, since it was implemented by the
                                                                          Portuguese State contrary to Article 88(3) without previously
The applicant claims that the Court should:                               notifying the Commission.
1.   find the action admissible;
                                                                          The measure was brought to the attention of the Commission
2.   accordingly, in view of the duty incumbent on the                    by means of the complaint of 22 October 1996, that is to say,
     Commission under Articles 87 and 88 of the EC Treaty as              more than 5 years ago, no decision having been taken by that
     regards the preliminary assessment of State aid measures             Community institution with regard to the 1996 compensatory
     brought to its attention, as well as of the general principles       payment until the end of November 2001.
     of law to which it is subject, in particular the principles
     of legality, good administration and care, declare that the
     Commission failed, contrary to Articles 87 and 88 of the             On 20 June 1997 the applicant lodged with Directorate
     Treaty and the abovementioned general principles of law,             General for Competition — DG IV of the Commission — a
     in its duty to adopt a decision regarding the request for            fresh complaint against the Portuguese Republic and RTP
     the procedure under Article 88(2) to be initiated in                 alleging breach of Community rules on competition, in
     respect of the measures which were the subject of the                particular of Articles 87 and 88 of the EC Treaty.