CELEX: C2004/059/46
Language: en
Date: 2004-03-06 00:00:00
Title: Case T-433/03: Action brought on 24 December 2003 by Gibtelecom Limited against the Commission of the European Communities

6.3.2004               EN                             Official Journal of the European Union                                          C 59/29
Pleas in law and main arguments                                               Article 82 EC in refusing to conclude a cross-border roaming
                                                                              (GSM) agreement with the applicant. The applicant later
                                                                              converted that complaint into a complaint under Article 86
Following the judgment of the Court of First Instance in Case                 (EC, in conjunction with Articles 82 EC, 49 EC and 12
T-17/95 (1), the Commission adopted an amendment of the                       EC, against Spain alleging that Telefonica was acting under
rules relating to the criteria applicable to appointment in grade             instructions from the Spanish Government which claims
and classification in scale on recruitment, which entitled                    sovereignty over Gibraltar.
officials to seek a review of their classification on entering the
service. By the contested decision, the Commission confirmed
the applicant’s classification in Grade A 7 on the date of his
recruitment and, accordingly, rejected a request for reclassifi-              In support of its application, the applicant invokes a series of
cation submitted by the applicant.                                            alleged manifest errors of assessment of the contested decision.
                                                                              According to the applicant, the Commission erred in consider-
                                                                              ing that Telefonica is not a public undertaking or that it enjoys
In support of his action, the applicant relies on a failure to                special rights within the meaning of article 86 EC. The
state reasons in the contested decision, a manifest error of                  applicant further alleges that Telefonica is in a dominant
assessment and alleged discrimination between the applicant,                  position and that there is an appreciable effect on trade and
whose request for reclassification was rejected, and other                    on competition of the refusal to conclude an agreement with
officials who, with less professional experience than the                     the applicant. In the context of the same plea the applicant
applicant, were none the less reclassified in the higher grade of             argues that the Commission’s assessment that consumers in
the career bracket.                                                           Gibraltar have access to mobile telecommunications services
                                                                              in Spain is manifestly unsound and that there is no suitable
                                                                              alternative to the Commission’s intervention.
(1) Judgment of the Court of First Instance of the European Communi-
    ties of 5 October 1995, published in OJ C 315, 25.11.95, p. 14.
                                                                              The applicant further puts forward a number of procedural
                                                                              and administrative grounds for annulment referring, in this
                                                                              context, to inadequate reasoning and a violation of the
                                                                              applicant’s legitimate expectations which allegedly arose as a
                                                                              result of a letter sent on 7 June 2000 by three members of the
Action brought on 24 December 2003 by Gibtelecom                              Commission to Spain and the United Kingdom, requesting the
Limited against the Commission of the European Com-                           two countries, among other things, to find a solution to the
                              munities                                        complaint about roaming. The applicant further submits, in
                                                                              the context of the same plea, that the Commission has failed
                         (Case T-433/03)                                      to act impartially and that it has breached the principle
                                                                              requiring it to act within a reasonable period.
                          (2004/C 59/46)
                   (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 December 2003 by Gibtelecom                        Action brought on 24 December 2003 by Gibtelecom
Limited, Gibraltar, represented by Mr M. Llamas, Barrister and                Limited against the Commission of the European Com-
Mr B. O’Connor Solicitor.                                                                                  munities
The applicant claims that the Court should:
                                                                                                       (Case T-434/03)
—      Annul the Commission’s decision of 17 October 2003
       rejecting the complaint brought by Gibtelecom under
                                                                                                        (2004/C 59/47)
       Article 86 EC in conjunction with Article 82 EC;
—      order the Commission to pay Gibtelecom’s costs.                                            (Language of the case: English)
Pleas in law and main arguments
                                                                              An action against the Commission of the European Communi-
By the contested decision the Commission rejected a complaint                 ties was brought before the Court of First Instance of the
filed by the applicant on 14 May 1996 alleging that the                       European Communities on 24 December 2003 by Gibtelecom
Spanish telecommunications operator, Telefonica SA, had                       Limited, Gibraltar, represented by Mr M. Llamas Barrister and
committed a series of abuses of dominant position contrary to                 Mr B. O’Connor Solicitor.