CELEX: C1998/007/46
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 27 November 1997 in Case T-224/95: Roger Tremblay and Others v. Commission of the European Communities (Competition - Copyright - Rejection of a complaint - Enforcement of a judgment setting aside a decision - Partitioning of market - Statement of reasons - Misuse of powers)

C 7/14                  EN                    Official Journal of the European Communities                                10. 1. 98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 27 November 1997                                                    of 27 November 1997
in Case T-224/95: Roger Tremblay and Others v.                           in Case T-20/96: Stephen Pascall v. Commission of the
        Commission of the European Communities (1)                                         European Communities (1)
(Competition Ð Copyright Ð Rejection of a complaint Ð                    (Officials Ð Member of the temporary staff in the
Enforcement of a judgment setting aside a decision Ð                     scientific and technical services Ð Appointment to a post
Partitioning of market Ð Statement of reasons Ð Misuse                   covered by the operating budget Ð Withdrawal of a
                             of powers)                                  decision granting further advancement to a higher step on
                                                                                         account of exceptional merit)
                            (98/C 7/46)
                                                                                                   (98/C 7/47)
                 (Language of the case: French)
                                                                                        (Language of the case: French)
In Case T-224/95: Roger Tremblay, residing in Vernantes                  In Case T-20/96: Stephen Pascall, an official of the
(France), Harry Kestenberg, residing in Saint-AndreÂ-les-                Commission of the European Communities, residing in
Vergers (France), and Syndicat des Exploitants de Lieux de               Brussels, represented by Jean-NoeÈl Louis, Thierry
Loisirs (SELL), established in Paris, represented by Jean                Demaseure and Ariane Tornel, of the Brussels Bar, with an
Claude Fourgoux, of the Paris Bar, with an address for                   address for service in Luxembourg at the offices of
service in Luxembourg at the Chambers of Pierrot Schiltz,                Fiduciaire Myson SARL, 30, rue de Cessange, v.
4, rue BeÂatrix de Bourbon, supported by Music Users'                    Commission of the European Communities (Agent: Ana
Council of Europe (MUCE), established in Uxbridge                        Maria Alves Vieira) Ð application for annulment of the
(United Kingdom), represented by Jean-Louis Fourgoux,                    Commission's decision of 26 June 1995 withdrawing its
of the Paris Bar, with an address for service in                         decision of 18 October 1994 granting the applicant
Luxembourg at the Chambers of Pierrot Schiltz, 4, rue                    further advancement to a higher step Ð the Court of First
BeÂatrix de Bourbon, Associazione Italiana Imprenditori                  Instance (Second Chamber), composed of: C. W. Bellamy,
Locali da Ballo (SILB), established in Rome, represented                 President, and A. Kalogeropoulos and R. M. Moura
by Jean Claude Fourgoux, of the Paris Bar, with an                       Ramos, Judges; A. Mair, Administrator, for the Registrar,
address for service in Luxembourg at the Chambers of                     has given a judgment on 27 November 1997, in which it:
Pierrot Schiltz, 4, rue BeÂatrix de Bourbon, against the
Commission of the European Communities (Agents:
                                                                         1. Dismisses the action.
Giuliano Marenco and Guy Charrier), supported by The
French Republic (Agents: Kareen Rispal-Bellanger and
Jean-Marc Belorgey), application, first, for annulment of                2. Orders the Commission to bear its own costs and to
the Commission decision of 13 October 1995 rejecting the                     pay the costs of the applicant.
complaints made on 4 February 1986, in particular by
Messrs Tremblay and Kesterberg, pursuant to Article 3 (2)                (1) OJ C 108, 13. 4. 1996.
of Council Regulation No 17 of 6 February 1962, first
Regulation implementing Articles 85 and 86 of the
Treaty (2), concerning the existence of market sharing and
the total partitioning of the market said to result
therefrom, as between the societies which manage
copyright in the various Member States and, secondly, an                      ORDER OF THE COURT OF FIRST INSTANCE
order against the Commission requiring it to carry out the
investigations necessary in order to establish the existence                                   of 3 October 1997
of the restrictive agreement complained of Ð the Court of                in Case T-186/96: Mutual Aid Administration Services
First Instance of the European Communities (Third                            NV v. Commission of the European Communities (1)
Chamber), composed of C. W. Bellamy, President, A.
                                                                         (Tender for the transportation of free supplies of
Kalogeropoulos and J. D. Cooke, Judges, Registrar: M. A.
                                                                         agricultural products intended for the peoples of Armenia
Mair, Administrator, has given a judgment on
                                                                         and Azerbaijan Ð Refusal by the Commission to pay to
27 November 1997, in which it:
                                                                         the successful transportation tenderer the whole of the
                                                                         price claimed Ð Action for annulment Ð Action
1. Dismisses the action;                                                 constituting in actual fact an action for performance of a
                                                                         transportation contract Ð Manifest lack of jurisdiction of
                                                                         the Court of First Instance Ð Manifest inadmissibility of
2. Orders the applicants to pay the costs;                                                 the action for annulment)
                                                                                                   (98/C 7/48)
3. Orders the French Republic to bear its own costs.
                                                                                        (Language of the case: Dutch)
(1) OJ C 64, 2. 3. 1996.
(2) Official Journal, English Special Edition 1959Ð62, p. 87.
                                                                         In Case T-186/96: Mutual Aid Administration Services
                                                                         NV, established in Antwerp (Belgium), represented by Jan
                                                                         Tritsmans, of the Antwerp Bar, with an address for service