CELEX: C1998/072/50
Language: en
Date: 1998-03-07 00:00:00
Title: Action brought on 2 January 1998 by Fabris Carlo & C. SNC against the Commission of the European Communities (Case T-1/98)

C 72/22               EN                 Official Journal of the European Communities                                    7.3.98
Action brought on 30 December 1997 by Union FrancËaise              costs and certain ancillary costs), the expense of which is
de l'Express (UFEX) and Others against the Commission               borne by the taxpayer for the sole purpose of conferring
               of the European Communities                          on the public undertaking the resources necessary to
                       (Case T-613/97)                              perform its function of public postal service under a legal
                                                                    monopoly, a function in no way performed by its private-
                         (98/C 72/49)                               law subsidiary operating on the express delivery market.
               (Language of the case: French)                       In addition, the applicant companies maintain that the
                                                                    Commission:
An action against the Commission of the European
Communities was brought before the Court of First                   Ð has breached certain fundamental principles of
Instance of the European Communities on 30 December                     Community law related to the right to access to
1997 by Union FrancËaise de l'Express (UFEX), whose                     information, the principle audi alteram partem and the
registered office is at Roissy (France), DHL International,             right to be heard in the context of Article 93(2) of the
whose registered office is at Roissy, Federal Express                   Treaty,
International (France), whose registered office is at
Gennevilliers (France) and CRIE, whose registered office is
at AsnieÁres (France), represented by Eric Morgan de                Ð failed to comply with the obligation to give reasons
Rivery, of the Paris Bar, and Jacques Derenne, of the                   laid down in Article 190 of the EC Treaty, and
Brussels and Paris Bars, with an address for service in
Luxembourg at the Chambers of Alex Schmitt, 62 Avenue
Guillaume.                                                          Ð based the contested decision on several material
                                                                        inaccuracies and obvious errors assessing the facts.
The applicants claim that the Court should:
Ð annul the Commission's decision of 1 October 1997
     concerning the aid granted by France to SFMI-
     Chronopost.
                                                                    Action brought on 2 January 1998 by Fabris Carlo & C.
                                                                           SNC against the Commission of the European
Pleas in law and main arguments adduced in support:                                         Communities
                                                                                           (Case T-1/98)
UFEX and three companies active in the express delivery                                     (98/C 72/50)
field challenge the Commission's rejection of their
complaint criticising the conditions for the logistical and
commercial assistance afforded by La Poste (the French                             (Language of the case: Italian)
Post Office) to its subsidiary, SocieÂteÂ FrancËaise de
Messagerie Internationale (SFMI), concerning in particular
the fact that all post offices and staff and equipment are          An action against the Commission of the European
made available to SFMI, which also enjoys preferential              Communities was brought before the Court of First
customs clearance procedures, preferential financial                Instance of the European Communities on 2 January 1998
conditions and promotional and advertising operations. In           by Fabris Carlo & C. SNC, represented by Claudio
their observations in connection with the procedure under           Mussato, of the Udine Bar, with an address for service at
Article 93(2) of the EC Treaty the applicants had in                his Chambers at 4 Via Dante, Udine.
addition objected to the use of La Poste's brand image,
access to Radio France's air waves when every other
undertaking is excluded, exemption from stamp duty and              The applicant claims that the Court should:
the transfer to SFMI of the advantages arising from La
Poste's part exemption from the special pay-roll tax, as
well as the benefit of the customs privileges enjoyed by la         Ð annul Commission Decision C(97) 2735 final of
Poste.                                                                  30 July 1997,
In this application it is claimed that the Commission may           Ð in the alternative, annul Article 5 of that Decision
not exclude measures adopted by a public undertaking                    inasmuch as it requires the Member State to recover
with a legal monopoly of the ordinary postal service in                 the aid (granted as from 1 July 1990), together with
favour of its private-law subsidiary, operating on the                  the interest accrued as from the date on which the aid
international express delivery market, which is open to                 was paid,
competition, from the scope of Article 92 of the EC
Treaty. Those measures, it is maintained, constitute aid,
inasmuch as they allow the subsidiary to reap the                   Ð in any event, order the Commission of the European
advantage of savings on costs (particularly development                 Communities to pay the costs.
 ---pagebreak--- 7.3.98                EN                 Official Journal of the European Communities                                  C 72/23
Pleas in law and main arguments adduced in support:                 Action brought on 5 January 1998 by Birri Fiorindo
                                                                       against the Commission of the European Communities
                                                                                             (Case T-4/98)
The pleas in law and main arguments are similar to those
relied upon in Case T-288/97 Regione Friuli-Venezia                                           (98/C 72/52)
Giulia v. Commission (1).
                                                                                    (Language of the case: Italian)
(1) OJ C 7, 10.1.1998, p. 25.
                                                                    An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 5 January 1998
                                                                    by Birri Fiorindo, represented by Claudio Mussato, of the
                                                                    Udine Bar, with an address for service at his Chambers at
                                                                    4 Via Dante, Udine.
Action brought on 5 January 1998 by D'Odorico Franco
   against the Commission of the European Communities
                                                                    The applicant claims that the Court should:
                         (Case T-3/98)
                          (98/C 72/51)
                                                                    Ð annul Commission Decision C(97) 2735 final of
                                                                         30 July 1997,
                (Language of the case: Italian)
                                                                    Ð in the alternative, annul Article 5 of that Decision
                                                                         inasmuch as it requires the Member State to recover
An action against the Commission of the European                         the aid (granted as from 1 July 1990), together with
Communities was brought before the Court of First                        the interest accrued as from the date on which the aid
Instance of the European Communities on 5 January 1998                   was paid,
by D'Odorico Franco, represented by Claudio Mussato, of
the Udine Bar, with an address for service at his Chambers
at 4 Via Dante, Udine.                                              Ð in any event, order the Commission of the European
                                                                         Communities to pay the costs.
The applicant claims that the Court should:
                                                                    Pleas in law and main arguments adduced in support:
Ð annul Commission Decision C(97) 2735 final of                     The pleas in law and main arguments are similar to those
     30 July 1997,                                                  relied upon in Case T-288/97 Regione Friuli-Venezia
                                                                    Giulia v. Commission (1).
Ð in the alternative, annul Article 5 of that Decision              (1) OJ C 7, 10.1.1998, p. 25.
     inasmuch as it requires the Member State to recover
     the aid (granted as from 1 July 1990), together with
     the interest accrued as from the date on which the aid
     was paid,
Ð in any event, order the Commission of the European                Action brought on 5 January 1998 by Framalicco Maria
     Communities to pay the costs.                                  Cecilia against the Commission of the European
                                                                                              Communities
                                                                                             (Case T-5/98)
Pleas in law and main arguments adduced in support:
                                                                                              (98/C 72/53)
The pleas in law and main arguments are similar to those                            (Language of the case: Italian)
relied upon in Case T-288/97 Regione Friuli-Venezia
Giulia v. Commission (1).
                                                                    An action against the Commission of the European
                                                                    Communities was brought before the Court of First
(1) OJ C 7, 10.1.1998, p. 25.                                       Instance of the European Communities on 5 January 1998
                                                                    by Framalicco Maria Cecilia, represented by Claudio
                                                                    Mussato, of the Udine Bar, with an address for service at
                                                                    4 Via Dante, Udine.