CELEX: C1995/286/28
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, extended composition) of 18 September 1995 in Case T-49/93: Société Internationale de Diffusion et d'Édition (SIDE) v. Commission of the European Communities (State aid - Articles 92 and 93 - Actions for annulment of measures - Aid for exports of books)

No C 286/ 12              EN                 Official Journal of the European Communities                                  28 . 10 . 95
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
              ( First Chamber, extended composition )                                       of 18 September 1995
                        of 18 September 1995                            in Case T-471 /93 : Tiercé Ladbroke SA v. Commission of
in Case T-49/93 : Société Internationale de Diffusion et                               the European Communities f 1 )
        d'Edition ( SIDE ) v. Commission of the European                (Competition — State aid — Levy on bets taken on
                           Communities ( 1 )                            horse-races — Transfer of resources to an undertaking
                                                                                   established in another Member State)
(State aid — Articles 92 and 93 — Actions for annulment of
               measures — Aid for exports of books)                                               ( 95/C 286/29 )
                             ( 95/C 286/28 )
                                                                                      (Language of the case: English)
                    (Language of the case: French)
                                                                        In Case T-471 /93 : Tiercé Ladbroke SA, represented by
                                                                        Jeremy Lever QC and Christopher Vajda, of the Bar of
In Case T-49/93 : Societe Internationale de Diffusion et                England and Wales, and Stephen Kon, Solicitor, with an
d'Édition ( SIDE), established in Bagneux (France),                     address for service in Luxembourg at the Chambers of
                                                                        Winandy & Err, 60 Avenue Gaston Diderich v. Commission
represented by Jean-Marie Meffre, Claire Adenis-Lamarre
and Nicole Coutrelis, of the Paris Bar, with an address for             of the European Communities ( agent : Eric White ),
service in Luxembourg at the Chambers of Marc Loesch, 1 1 ,             supported by French Republic ( agents : Edwige Belliard,
Rue Goethe v. the Commission of the European                            Catherine de Salins and Jean-Marc Belorgey ) — application
                                                                        pursuant to Article 173 of the EEC Treaty for a declaration
Communities ( Agents : Catherine de Salins and Jean-Marc
                                                                        that the Commission 's decision of 1 8 January 1 993 rejecting
Belorgey ) — application for the annulment of the
Commission's decision of 18 May 1993 declaring certain                  the applicant's complaint ( IV/34.013 ) under Articles 92 and
                                                                        93 of the EEC Treaty is void, the Court of First Instance
aids ( NN 127/92 ) granted by the French Government to
                                                                        ( First Chamber, extended composition ), composed of J. L.
exporters of French-language books compatible with the
                                                                        Cruz Vilaça , President, B. Vesterdorf, A. Saggio, H.
common market ( OJ No C 174, 25 . 6 . 1993 , p. 6 ), the Court
of First Instance of the European Communities ( First                   Kirschner and A. Kalogeropoulos, Judges; J. Palacio
Chamber, extended composition ), composed of J. L. Cruz                 Gonzalez, Registrar, gave a judgment on 18 September
                                                                        1995 , the operative part of which is as follows :
Vilaça, President, D. P. M. Barrington, A. Saggio, A.
Kalogeropoulos and V. Tiili, Judges; H. Jung, Registrar, has
given a judgment on 18 September 1995 in which it:                      1 . the application is dismissed;
1 . annuls the Commission 's decision of 18 May 1993                    2 . the parties, including the intervener, are to bear their
                                                                             own costs .
       declaring certain aids (NN 127/92) granted by the
       French Government to exporters of French-language
       books to be compatible with the common market, in so             (') OJ No C 139 , 18 . 5 . 1993 .
       far as it concerns the subsidy granted exclusively to
       CELF to offset the extra cost involved in handling small
       orders for French-language books placed by booksellers
       established abroad;
2 . dismisses the rest of the application;                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                            of 18 September 1995
3 . orders the Commission to pay two-thirds of the                      in Case T-548/93 : Ladbroke Racing Ltd v. Commission of
       applicant's costs in addition to its own costs;                                  the European Communities ( J )
                                                                         (Competition — Articles 85 and 86 ofthe Treaty — Taking
                                                                         of bets on horse-races — Exclusive rights of a national
4 . orders the applicant to pay one-third of its own                    grouping of undertakings — Agreements and concerted
       costs;                                                           practices — Abuse ofdominantposition -— Article 90 ofthe
                                                                         Treaty — Lack ofCommunity interest — Past infringements
                                                                                           of the competition rules)
 5 . orders the French Republic, which has intervened in the                                       ( 95/C 286/30
       proceedings, to bear its own costs.
                                                                                       (Language of the case: English)
 ( J ) OJ No C 272 , 8 . 10 . 1993 .
                                                                         In Case T-548/93 : Ladbroke Racing Limited, represented by
                                                                        Jeremy Lever QC and Christopher Vajda, of the Bar of
                                                                         England and Wales, and Stephen Kon, Solicitor, with an