CELEX: C1997/252/52
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 June 1997 in Case T-504/93: Tiercé Landbroke SA v. Commission of the European Communities (Action for annulment - Rejection of a complaint - Article 86 - Relevant market - Joint dominant position - Refusal to grant a transmission licence - Article 85 (1) - Clause prohibiting retransmission)

No C 252/24            EN                   Official Journal of the European Communities                                    16 . 8 . 97
         Removal from the register of C-3 13/95 (*)                    removal from the register of Case C-16/96 ( reference for a
                           ( 97/C 252/49 )                             preliminary ruling from the Bundessozialgericht): Karin
                                                                       Mille-Wilsmann v. Land Nordrhein-Westfalen .
By order of 18 April 1997 the President of the Sixth
Chamber of the Court of Justice of the European                        (') OJ No C 64, 2 . 3 . 1996 .
Communities has ordered the removal from the register
of Case C-3 13/95 : Commission of the European
Communities v. Italian Republic .
(') OJ No C 315 , 25 . 11 . 1995 .
                                                                                Removal from the register of C-245/96 ( ')
                                                                                                  97/C 252/51
                                                                       By order of 15 May 1997 the President of the Court of
          Removal from the register of C-16/96 ( l )                   Justice of the European Communities has ordered the
                           ( 97/C 252/50 )                             removal from the register of Case C-245/96 : Commission
                                                                       of the European Communities v. Italian Republic.
By order of 14 April 1997 the President of the Court of
Justice of the European Communities has ordered the                  ' (') OJ No C 269, 14 . 9 . 1996 .
                                                      COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Fontainebleau (France ), Groupement d'intérêt économique
                         of 12 June 1997                               Pari Mutuel Urbain, established in Paris, Pari Mutuel
                                                                       International established in Paris, represented by Bruno
in Case T-504/93 : Tiercé Landbroke SA v. Commission of                Chain and Jerome Depondt, of the Paris Bar, with an
               the European Communities (')                            address for service in Luxembourg at the Chambers of
                                                                       Victor Gillen, 13 Rue Aldringen — application for
(Action for annulment — Rejection of a complaint —                     annulment of the Commission Decision of 24 June 1993
Article 86 — Relevant market — Joint dominant position                 rejecting a complaint lodged by Tiercé Ladbroke SA on
— Refusal to grant a transmission licence — Article 85 (1 )            9 October 1990 (IV/33.699 ) against the principal French
           — Clause prohibiting retransmission)                        sociétes de courses ( horse-racing associations ), Pari Mutuel
                            ( 97/C 252/52 )                            Urbain and Pari Mutuel International, alleging
                                                                       infringement of Articles 85 and 86 of the EEC Treaty, and
                                                                       for an order requiring the Commission to re-examine
                                                                       that complaint forthwith — the Court of First Instance
              (Language of the case: English)
                                                                       ( Second Chamber, Extended Composition ), composed
                                                                       of: B. Vesterdorf, President, C. W. Bellamy and A.
                                                                       Kalogeropoulos, Judges; H. Jung, Registrar, has given a
In Case T-504/93 : Tiercé Landbroke SA, established in                 judgment on 12 June 1997, in which it:
Brussels, represented by Jeremy Lever QC, Christopher
Vajda, Barrister, of the Bar of England and Wales, and
Stephen Kon, Solicitor, London, with an address for
                                                                        1.  annuls the Commission decision contained in its letter
service in Luxembourg at the Chambers of Winandy and
Err, 60 Avenue Gaston Diderich, against Commission of '                     of 24 June 1 993 rejecting the applicant's complaint of
the European Communities (Agents : Julian Currall and                       9 October 1990 (IV/33.699) in so far as it considers
Francisco Enrique Gonzalez Diaz ), supported by Société                     that the refusal of the sociétés de courses to grant the
d'encouragement et des steeple-chases de France,                            applicant a licence for the transmission of French races
established in Boulogne-Billancourt ( France ), Société                     in Belgium, as notified to the applicant by a letter
d'encouragement à l'élevage du cheval français,                             from Pari Mutuel Urbain dated 8 August 1990, was
established in Paris, Société sportive d'encouragement,                     the normal consequence of the fact that neither Pari
                                                                            Mutuel Urbain nor the sociétés de courses take bets on
established in Paris, Société de sport de France, established
in Boulogne-Billancourt ( France ), Société des courses de la               the betting market in Belgium, and therefore could not
Côte d'Azur, established in Cagnes-sur-Mer ( France ),                      be the subject of an agreement between the sociétés de
Société des courses du Pays d'Auge, established in                          courses within the meaning of Article 85 (1 ) of the
Deauville ( France ), Société des courses de Compiègne,                     Treaty;
established in Compiègne ( France ), Société des courses de
Dieppe, established in Rouxmesnil-Bouteilles ( France ),
Société des courses de Fontainebleau, established in                    2 . dismisses the remainder of the application;
 ---pagebreak--- 16 . 8 . 97             EN                   Official Journal of the European Communities                               No C 252/25
3 . orders the parties, including the interveners, to bear                JUDGMENT OF THE COURT OF FIRST INSTANCE
     their own costs .
                                                                                                   of 19 June 1997
(') OJ No C 275 , 13 . 10 . 1993 .                                      in Case T-73/96: Miguel Forcat Icardo v. Commission of
                                                                                        the European Communities (')
                                                                        (Officials — Assignment to a new post — Interests of the
                                                                                          service — Misuse ofpowers)
                                                                                                    ( 97/C 252/54
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        (Language of the case: French)
                          of 19 June 1997
in Case T-260/94 : Air Inter SA v. Commission of the
                   European Communities (' )
                                                                        In Case T-73/96 : Miguel Forcat Icardo, an official of the
                                                                        Commission, residing in Brussels, represented by Georges
(Air transport — Continuation of an exclusive concession                Vandersanden, of the Brussels Bar, with an address for
on domestic routes — Regulation (EEC) No 2408/92 —                      service in Luxembourg at the offices of Fiduciaire Myson
Articles 5 and 8 — Rights of the defence — Audi alteram                 Sari, 30 Rue de Cessange, v. Commission of the European
partem — Principle of good faith — Principle of                         Communities ( Agent: Julian Currall ) — application for
     proportionality -— Article 90 (2) of the EC Treaty)                annulment of the memorandum of the Director-General of
                                                                        Directorate-General IX ( Personnel and Administration ) of
                            ( 97IC 252/53 )                             11 August 1995 assigning the applicant to a new post
                                                                        with effect from 1 October 1995 and for compensation
                 (Language of the case: French)                         for the non-material damage suffered — the Court of First
                                                                        Instance ( Third Chamber ), composed of: B. Vesterdorf,
                                                                        President, and C. P. Briët and A. Potocki, Judges; B.
In Case T-260/94 : Air Inter SA, having its registered office           Pastor, Principal Administrator, for the Registrar, has given
in Paray Vieille Poste, France, represented by Jean-Pierre              a judgment on 19 June 1997, in which it:
Spitzer, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Aloyse May, 31 Grand
Rue, against Commission of the European Communities                      1 . dismisses the application as inadmissible in so far as it
(Agents: Rolf Wägenbaur and Lucio Gussetti ), supported                       concerns the claim for compensation based on the
by TAT European Airlines, represented by Antoine                             second paragraph of Article 24 of the Staff
Winckler, of the Paris Bar, and Romano Subiotto,                              Regulations of officials of the European Communities;
Solicitor, with an address for service in Luxembourg at the
Chambers of Elvinger and Hoss, 2, Place Winston
Churchill, and United Kingdom of Great Britain and                      2 . dismisses the remainder of the application;
Northern Ireland ( Agents: John E. Collins and Richard
Plender) — application for annulment of Article 1 of                    3 . orders the parties to bear their own costs.
Commission Decision 94/291/EC of 27 April 1994 on a
procedure relating to the application of Council
Regulation ( EEC ) No 2408/92 ( Case VII/AMA/IV/93 —                     (') OJ No C 233 , 10 . 8 . 1996 .
TAT — Paris ( Orly) — Marseille and Paris ( Orly ) —
Toulouse ) ( OJ No L 127, 19 . 5 . 1994, p. 32 ) — the Court
of First Instance               ( Second    Chamber,     Extended
 Composition ), composed of: C. W. Bellamy, President, C. P.
 Briët and A. Kalogeropoulos, Judges; J. Palacio Gonzales,
Administrator, for the Registrar, has given a judgment on
 19 June 1997, in which it:                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 25 June 1997
 1 . dismisses the application;                                          in Case T-7/96: Francesco Perillo v. Commission of the
                                                                                           European Communities (')
 2 . orders the applicant to pay the costs, including those              (Lomé Convention — European Development Fund —
      of the proceedings in Case C-301 /94 which took place              Non-payment of contract — Commission's non­
      before the Court of Justice and those incurred by TAT,                                    contractual liability)
      but not those incurred by the United Kingdom                                                   ( 97/C 252/55 )
      Government, an intervening party, which shall bear its
      own costs .
                                                                                         (Language of the case: French)
 (') OJ No C 275 , 1 . 10 . 1994 .
                                                                         In Case T-7/96 : Francesco Perillo, trading as ITAM
                                                                         SIDER, residing in Altamura, Italy, represented by Mario