CELEX: C1997/271/32
Language: en
Date: 1997-09-06 00:00:00
Title: Action brought on 24 June 1997 by Comité d'Entreprise de la Société Française de Production and Others against the Commission of the European Communities (Case T-189/97)

C 271 /20             EN                     Official Journal of the European Communities                                   6 . 9 . 97
meeting at which the measures proposed by the                           The applicants are of the view that they are representative
Commission's services were discussed and, presumably,                   organizations and recognized workers' representatives for
voted on indicates that those present included not only                 the purposes of French law and, accordingly, able to
representatives of the Ministries but also representatives of           defend the interests of the undertaking's workers.
research institutes with an interest in receiving financing.
                                                                        They maintain that the contested decision is vitiated by a
O OJ L 334, 22 . 12 . 1994, p . 59 .
                                                                        defective statement of reasons, inadequate description, an
                                                                        error of fact and by misuse of powers, inasmuch as they
                                                                        describe the payments as aid and, in the alternative,
                                                                        inasmuch as they describe them as aid as a whole and
                                                                        without distinction .
Action brought on 24 June 1997 by Comité d'Entreprise                   The decision does not provide an adequate statement of
de la Société Française de Production and Others against                reasons or grounds as regards trade between Member
       the Commission of the European Communities                       States being affected within the meaning of Article 92 ( 1 )
                         ( Case T-l 89/97)                              of the EC Treaty.
                           ( 97/C 271 /32 )
                                                                        In the alternative and in the event that the description as
                                                                        aid is upheld, the applicants claim that it is very difficult
                (Language of the case: French)                          to read the contested decision with respect to whether, in
                                                                        the light of Article 92 ( 3 ) ( c ) of the EC Treaty, the
                                                                        payments in issue are lawful, since most of its reasons are
An action against the Commission of the European                        considered to be confidential . With regard to whether, in
Communities was brought before the Court of First                       the light of Article 92 ( 3 ) ( d ) of the EC Treaty, the
Instance of the European Communities on 24 June 1997                    payments in issue are lawful, the decision is contradictory
by the Comite d'Entreprise de la Societe Fran^aise de                   and again gives an inadequate statement of reasons .
Production, whose registered office is at Bry-sur-Marne
( France ), the Syndicat National de Radio-Diffusion et de
Television SNRT-CGT, the Syndicat Unifie de Radio et de                 Finally, the applicants state that the contested decision is
Television SURT-CFDT, the Syndicat National Force                       based exclusively on criteria of an economic nature
Ouvriere de Radio-Diffusion et de Television and the                    comparing operating costs without taking account of the
Syndicat National de l'Encadrement Audiovisuel SNEA­                    social and cultural impact of the decisions taken.
CFE-CGC, all having their registered offices in Paris,                  According to the case-law of the Court, the Commission
represented by Helene Masse-Dessen, Avocat at the                       should have, at the very least, examined such criteria .
Conseil d'Etat and at the Cour de Cassation, Paris, with
an address for service in Luxembourg at the Chambers of                 (') OJ L 95 , 10 . 4 . 1997, p . 19 .
Guy Thomas, 77 Boulevard de la Grande-Duchesse
Charlotte .
The applicant claims that the Court should:
                                                                        Action brought on 30 June 1997 by Jean-Francois
— annul the contested decision,                                         Aguinaga and others against the Commission of the
                                                                                               European Communities
— order the Commission to pay the costs and, pursuant                                              ( Case T-199/97 )
     to Article 87 ( 3 ) and 91b of the Rules of Procedure,                                           97/C 271 /33 )
     order it to pay each of the applicants the equivalent of
     ECU 20 000 in French francs .
                                                                                          (Language of the case: French)
Pleas in law and main arguments adduced in support:
                                                                        An action against the Commission of the European
                                                                        Communities was brought before the Court of First
The     contested     decision       declared    unlawful     and       Instance of the European Communities on 30 June 1997
incompatible with the common market aid amounting to                    by Jean-Francois Aguinaga, residing in Brussels, Robert
FF 1,110 billion, granted during the period from 1993 to                Donkers, residing at Hoeilaart ( Belgium ) and Patricia
1996 to the Societe de Production Audiovisuelle, a French               Mauguin, residing in Brussels, represented by Nicolas
production company, on the ground that it was allocated                 Lhoest, of the Brussels Bar, with an address for service in
in breach of the procedure provided for in Article 93 ( 3 )             Luxembourg at the offices of Fiduciaire Myson Sari, 30
of the EC Treaty (').                                                   Rue de Cessange .