CELEX: C1997/054/40
Language: en
Date: 1997-02-22 00:00:00
Title: Action brought on 26 November 1996 by Garage des Quatre Vallées and Joseph Tosi against the Commission of the European Communities (Case T-189/96)

22 . 2 . 97             EN                   Official Journal of the European Communities                                  No C 54/25
Action brought on 26 November 1996 by Garage des                        Action brought on 26 November 1996 by Christophe
Quatre Vallees and Joseph Tosi against the Commission of                Palma, Gerard Palma and SA Palma against the
                   the European Communities                                      Commission of the European Communities
                          ( Case T-l 89/96 )                                                      ( Case T-190/96 )
                             ( 97/C 54/40 )                                                          ( 97/C 54/41 )
                (Language of the case: French)                                          (Language of the case: French)
An action against the Commission of the European                        An action against the Commission of the European
Communities was brought before the Court of First                       Communities was brought before the Court of First
Instance of the European Communities on 26 November                     Instance of the European Communities on 26 November
1996 by Garage des Quatre Vallees, whose registered                     1996 by Christophe Palma , residing at Bedeau ( Algeria ),
office is at Albertville ( France ), and by Joseph Tosi ,               Gerard Palma , residing in Oran ( Algeria ), and SA Palma ,
residing at Albertville, represented by Remi Saint Pierre ,             whose registered office is at Salon de Provence ( France ),
judicial administrator appointed by judgment of                         represented by Dominique Rafoni , judicial administrator
5 November 1991 by the Tribunal de Grande Instance,                     appointed by judgment of 8 April 1994 by the Tribunal de
Albertville, and by Jean-Louis Portolano , of the Aix en                Commerce , Salon de Provence , and by Jean-Louis
Provence Bar, with an address for service in Luxembourg                 Portolano, of the Aix en Provence Bar, with an address for
at the Chambers of Roy Nathan , 18 rue des Glacis .                     service in Luxembourg at the Chambers of Roy Nathan ,
                                                                        1 8 rue des Glacis .
The applicants claim that the Court should :
                                                                        The applicants claim that the Court should :
— annul the decision of the Commission notified to
     Garage des Quatre Vallees ( GQV) on 23 September                   — annul the decision of the Commission notified to SA
     1996 inasmuch as it is manifestly wrong in law and                      Palma on 23 September 1996 inasmuch as it is
     fact,                                                                   manifestly wrong in law and fact,
— dispose of GQV's case and complaint, ruling that the                  — dispose of Palma 's case and complaint, ruling that the
     V.A.G. framework contract, as referred to in the                        V.A.G. framework contract, as referred to in the
     complaint, falls within the scope of Article 85 ( 1 ) and               complaint, falls within the scope of Article 85 ( 1 ) and
     that it fulfils neither the conditions required in order                that it fulfils neither the conditions required in order
     to be entitled to the categorical exemption under                       to be entitled to the categorial exemption under
     Regulation ( EEC ) No 123/85 authorizing certain                        Regulation ( EEC ) No 123/85 authorizing certain
     categories of agreements in the motor vehicle sector,                   categories of agreements in the motor vehicle sector,
     nor the conditions for an individual exemption under                    nor the conditions for an individual exemption under
     Article 85 ( 3 ) of the Treaty — in view, in particular, of             Article 85 ( 3 ) of the Treaty — in view, in particular, of
     the situation of the sector in question in the                          the situation of the sector in question in the
     Community, which is characterized by a bundle of                        Community, which is characterized by a bundle of
     similar agreements among all manufacturers,                             similar agreements among all manufacturers,
— find the Commission non-contractually liable and rule                 — find the Commission non-contractually liable and rule
     that it must make good the damage in the amount of                      that it must make good the damage in the amount of
     ECU 540 000, corresponding to 10% of the estimated                      ECU 540 000 , corresponding to 10% of the estimated
     losses to which the Commission 's inaction gave rise,                   losses to which the Commission's inaction gave rise,
— order the Commission to pay the costs incurred in the                 — order the Commission to pay the costs incurred in the
     sum of FF 100 000 .                                                     sum of FF 100 000 .
Pleas in law and main arguments adduced in support:                     Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are identical with                  The pleas in law and main arguments are identical with
those relied upon in Case T-l 85/96 .                                   those relied upon in Case T-l 89/96 .