CELEX: C2002/323/49
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of First Instance of 8 October 2002 In Joined Cases T-185/00, T-216/00, T-299/00 and T-300/00: Métropole télévision SA (M6) and Others v Commission of the European Communities (Competition — Decision granting exemption — Television rights — Eurovision system — Article 81(1) and (3) EC — Manifest error of assessment)

21.12.2002              EN                     Official Journal of the European Communities                                       C 323/31
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 8 October 2002
                        of 17 October 2002
                                                                          In Joined Cases T-185/00, T-216/00, T-299/00 and T-300/
                                                                          00: Métropole télévision SA (M6) and Others v Com-
in Case T-180/00: Astipesca, SL v Commission of the
                   European Communities ( 1)                                        mission of the European Communities (1)
                                                                          (Competition — Decision granting exemption — Television
(Fisheries — Reduction of Community financial aid —                       rights — Eurovision system — Article 81(1) and (3) EC —
Action for annulment — Articles 44 and 47 of Regulation                                    Manifest error of assessment)
(EEC) No 4028/86 and Article 7 of Regulation (EEC)
No 1116/88 — Principle of proportionality — Action for
                           compensation)                                                          (2002/C 323/49)
                                                                                (Languages of the case: French, Spanish and Portuguese)
                          (2002/C 323/48)
                   (Language of the case: Spanish)
                                                                          In Joined Cases T-185/00, T-216/00, T-299/00 and T-300/00,
                                                                          Métropole télévision SA (M6), established in Neuilly-sur-Seine
                                                                          (France), represented by D. Théophile, lawyer, with an address
                                                                          for service in Luxembourg, applicant in Case T-185/00,
                                                                          Antena 3 de Televisión SA, established in Madrid (Spain),
                                                                          represented by F. Pombo García, E. Garayar Gutiérrez and
In Case T-180/00, Astipesca, SL, established in Huelva (Spain),           R. Alonso Pérez-Villanueva, lawyers, with an address for service
represented by J.-R. García-Gallardo Gil-Fournier and                     in Luxembourg, applicant in Case T-216/00, Gestevisión
M.D. Domínguez Pérez, lawyers, v Commission of the Euro-                  Telecinco SA, established in Madrid, represented by S. Muñoz
pean Communities (Agents: initially L. Visaggio, and, sub-                Machado and M. López-Contreras Gonzalez, lawyers, with an
sequently, S. Pardo Quintillán and J. Guerra Fernández):                  address for service in Luxembourg, applicant in Case T-299/
Application for, first, annulment of the Commission’s fax of              00, SIC — Sociedade Independente de Comunicação SA,
5 May 2000 informing the applicant of the payment, on 4 May               established in Linda-a-Velha (Portugal), represented by C. Bo-
2000, of part of the balance of the financial aid granted to              telho Moniz, lawyer, , supported by Deutsches SportFernsehen
project SM/ESP/20/92 and of the contents of the Commission’s              GmbH (DSF), established in Ismaning (Germany), represented
letter of 18 May 2000, reducing the abovementioned aid and,               by K. Metzlaff, lawyer, with an address for service in Luxem-
second, compensation on the grounds of the allegedly unlawful             bourg, in Case T-299/00, and by Reti Televisive Italiane Spa
suspension of payment of the balance of that aid and of the               (RTI), established in Rome (Italy), represented by G. Amorelli,
abovementioned reduction, the Court of First Instance (Third              lawyer, with an address for service in Luxembourg, in Case
Chamber), composed of: M. Jaeger, President, K. Lenaerts and              T-300/00, v Commission of the European Communities
J. Azizi, Judges; J. Palacio González, Administrator, for the             (Agents: in Case T-185/00: K. Wiedner and B. Mongin; in
Registrar, has given a judgment on 17 October 2002, in which              Cases T-216/00 and T-299/00: K. Wiedner, E. Gippini Fournier
it has ruled:                                                             and J. Rivas Andrés, and in Case T-300/00: Wiedner and
                                                                          M. França), supported by Union européenne de radio-télévision
                                                                          (UER), established in Grand-Saconnex (Switzerland), represen-
                                                                          ted by D. Waelbroeck and M. Johnsson, lawyers, with an
1.     Dismisses the application;                                         address for service in Luxembourg, in Cases T-185/00, T-216/
                                                                          00, T-299/00 and T-300/00, and by Radiotelevisión Española
                                                                          (RTVE), established in Madrid, represented by J. Gutiérrez
2.     Orders the applicant to pay the costs.                             Gisbert, lawyer, with an address for service in Luxembourg, in
                                                                          Cases T-216/00 and T-299/00: Application for annulment of
                                                                          Commission Decision 2000/400/EC of 10 May 2000 relating
                                                                          to a proceeding pursuant to Article 81 of the EC Treaty (Case
                                                                          IV/32.150 — Eurovision) (OJ 2000 L 151, p. 18), the Court
( 1) OJ C 259 of 9.9.2000.
                                                                          of First Instance (Second Chamber, Extended Composition),
                                                                          composed of: R.M. Moura Ramos, President, V. Tiili, J. Pirrung,
                                                                          P. Mengozzi and A.W.H. Meij, Judges; B. Pastor, Principal
                                                                          Administrator, for the Registrar, has given a judgment on
                                                                          8 October 2002, in which it:
 ---pagebreak--- C 323/32                  EN                     Official Journal of the European Communities                                        21.12.2002
1.     Annuls Commission Decision 2000/400/EC of 10 May                     2000), the Court of First Instance (Fifth Chamber), composed
       2000 relating to a proceeding pursuant to Article 81 of the EC       of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
       Treaty (IV/32.150 — Eurovision);                                     Judges; D. Christensen, Administrator, for the Registrar, has
                                                                            given a judgment on 15 October 2002, in which it:
2.     Orders the Commission to pay its own costs, together with
       those of the applicants and of the intervener Reti Televisive
       Italiane Spa;                                                        1.     Annuls the decision of the Commission of 30 June 2000,
                                                                                   refusing to acknowledge the eligibility of the applicant for the
3.     Orders DSF Deutsches SportFernsehen GmbH to bear the costs                  Programme encouraging the development and distribution of
       of its intervention;                                                        European audiovisual works (MEDIA II — Development and
                                                                                   distribution) (1996-2000);
4.     Orders the intervener Union européenne de radio-télévision to
       bear its own costs, together with those incurred by Métropole        2.     Orders the Commission to pay the costs.
       télévision SA, Antena 3 de Televisión SA and SIC — Sociedade
       Independente de Comunicação SA for their interventions;
                                                                            (1 ) OJ C 316 of 4.11.2000.
5.     Orders the intervener Radiotelevisión Española to bear its own
       costs, together with those incurred by Antena 3 de Televisión
       SA for its intervention;
6.     Orders Gestevisión Telecinco SA to bear the costs it incurred in
       connection with the intervention of the Union européenne de
       radio-télévision and of Radiotelevisión Española.
( 1) OJ C 285 of 7.10.2000, C 302 of 21.10.2000 and C 355 of
     9.12.2000.                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 17 October 2002
                                                                            in Joined Case T-330/00 and T-114/01: Stefano Cocchi
                                                                            and Evi Hainz against Commission of the European
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                           Communities ( 1)
                          of 15 October 2002                                (Officials — Recruitment procedure — Article 29(1) of the
                                                                            Staff Regulations — Priority of officials — Rejection of
in Case T-233/00: Scanbox Entertainment A/S v Com-                          candidatures of temporary members of staff — Appointment
            mission of the European Communities (1)                         of an official — Prohibition of discrimination — Statement
                                                                            of reasons — Interests of the service — Fourth and fifth
                                                                            paragraphs of Article 8 of the Conditions of employment of
(Programme encouraging the development and distribution                     other servants — Duty to have regard for the interests of
of European audiovisual works (MEDIA II) — Automatic                                             officials — Vacancy notice)
         support for distribution — Recipient company)
                                                                                                       (2002/C 323/51)
                            (2002/C 323/50)
                      (Language of the case: Danish)                                              (Language of the case: French)
In Case T-233/00, Scanbox Entertainment A/S, established in
Farum (Denmark), represented by T. Steffensen, lawyer, v                    In Joined Cases T-330/00 and T-114/01: Stefano Cocchi and
Commission of the European Communities (Agents: N. Ras-                     Evi Hainz, former members of the temporary staff of the
mussen and H. Støvlbæk): Application for the annulment of                   Commission of the European Communities, residing in Varese
the Commission’s decision of 30 June 2000 refusing to                       (Italy), represented by G. Vandersanden and L. Levi, lawyers,
recognise the applicant’s eligibility for the programme encour-             with an address for service in Luxembourg, against Com-
aging the development and distribution of European audiovisu-               mission of the European Communities (Agents: J. Currall and
al works (Media II — Development and distribution) (1996-                   D. Waelbroeck), application: