CELEX: C1995/074/18
Language: en
Date: 1995-03-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 January 1995 in Case T-5/93: Roger Tremblay, François Lucazeau and Harry Kestenberg v. Commission of the European Communities (Competition - Copyright - Regulation (EEC) No 17 - Rejection of a complaint - Obligations concerning the investigation of complaints - Community interest)

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),