CELEX: C2001/134/55
Language: en
Date: 2001-05-05 00:00:00
Title: Case T-41/01: Action brought on 23 February 2001 by Rafael Pérez Escolar against Commission of the European Communities

5.5.2001               EN                    Official Journal of the European Communities                                    C 134/25
—     the principle of equality by applying measures to the             The applicant claims that the Court should:
      applicants that discriminate, without justification,
      between holders of rights who are broadcasters and
      holders who are not,                                              —      declare that the Commission has failed to fulfil its
                                                                               obligations under the EC Treaty by failing to adopt any
—     Article 3(a)2 of the Directive                                           decision whatever regarding the complaint made by the
                                                                               applicant on 23 February 1999, relating to the State aid
      —    by concluding that the UK measures are compatible                   granted by the Spanish authorities to Banco Español de
           with Community law as regards the procedures                        Crédito SA; and
           adopted by the UK in drawing up and consulting on
           the UK measures.
                                                                        —      order the defendant to pay all the costs.
      —    by concluding that the UK measures are compatible
           with Community law, in that the measures infringe
           general principles of Community Law, Articles 43
           and 48 EC, the principle of free competition within
           the internal market, discrimination on grounds of
           nationality and infringement of the right to freedom         Pleas in law and main arguments
           of expression,
      —    by excluding from its assessment of the UK measures
           the provisions of the Broadcasting Act 1996 (sec-            The applicant states that, on 23 February 1999, he lodged a
           tions 99 and 100) relating to the prohibition of             complaint with the Competition Commissioner, claiming that
           exclusivity and of mandatory licensing provisions.           a number of financial measures had been adopted by the
                                                                        Spanish authorities in favour of Banco Español de Crédito and
The applicants further submit that Article 3(a) of the Directive        Banco de Santander, which in his view amounted to State aid.
is inapplicable under Article 241 EC as was introduced by               Such aid, despite having been granted in 1994, was not fully
means of an unlawful legislative procedure and has no legal             analysed by the Commission at the time.
basis.
Finally, the applicants submit that, in adopting the contested
                                                                        That complaint was followed by the submission of a number
decision, the Commission infringed essential procedural safe-
                                                                        of documents and even a meeting between the applicant and
guards by failing to adopt it in accordance with its internal
                                                                        the relevant Commission services. Despite all the information
rules of procedure and by failing in its duty to state reasons
                                                                        and documents provide by the applicant in relation to
under Article 253 EC.
                                                                        the measures complained of, those services took no action
                                                                        whatsoever vis-à-vis the Spanish authorities. On 6 November
(1) OJ L 298, 17.10.1989, p. 23.                                        2000, the applicant, taking the view that, despite the com-
                                                                        plexity of the case, the Commission had had more than a
                                                                        reasonable period in which to adopt a position with regard to
                                                                        the complaint made more than two years previously, lodged a
                                                                        document formally requesting that a decision be adopted by
                                                                        the Commission. Since that request, the period prescribed by
                                                                        Article 232 EC has more than expired without the Commission
                                                                        having defined its position.
Action brought on 23 February 2001 by Rafael Pérez
Escolar against Commission of the European Communi-
                               ties                                     The applicant claims that the Commission was under an
                                                                        obligation to adopt a decision on the complaint either
                          (Case T-41/01)                                declaring that the measures complained of do not constitute
                                                                        State aid within the meaning of Article 87 EC or that they
                                                                        must be characterised as such but are compatible with the
                         (2001/C 134/55)                                common market, or by initiating the formal investigation
                                                                        procedure provided for in Article 88(2) EC. The applicant
                                                                        takes the view, accordingly, that the Commission has failed to
                  (Language of the case: Spanish)                       fulfil its obligations under the EC Treaty.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 February 2001 by Rafael Pérez
Escolar, residing in Madrid, represented by Fernando Moreno
Pardo.