Notice for the OJ
Action brought on 13 April 2004 by Télévision Française 1 SA against the Commission of the European Communities
(Case T-144/04)
(Language of the case: French)
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 13 April 2004 by Télévision Française 1 SA, established in Boulogne (France), represented by J.-P. Hordies, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
annul Decision C (2003) 4497 final of the Commission of the European Communities of 10 December 2003 on State aid implemented by France for the benefit of "France 2" and "France 3" from 1988 to 1994, insofar as it declares that aid to be compatible with the common market under Article 86(2) of the Treaty;
order the Commission of the European Communities to pay the costs.
Pleas in law and main arguments:
Following a complaint made by the applicant, the Commission decided to initiate a formal investigation procedure pursuant to Article 88(2) EC into investment subsidies and capital grants received by the television channels "France 2" and "France 3" from 1988 to 1994. By the contested decision, the Commission decided to treat those measures as State aid within the meaning of Article 87 EC but declared them compatible with the EC Treaty under Article 86(2).
By its first plea, the applicant alleges that the statement of reasons for the contested decision is erroneous and that the decision infringes Article 86(2) EC and the provisions on State aid. It disputes the Commission's finding that the activities of the two channels in question are a service in the general interest within the meaning of Article 86(2) and points out that, although its own activities are almost identical, they are not regarded as being in the general interest. It also calls into question the financial assessment of the aid made by the Commission in the contested decision.
By its second plea, the applicant submits that the Commission misapplied Directive 80/723
1 when it decided that that directive did not apply to the broadcasting activities of public channels before 2000. On the same basis, the applicant alleges misapplication of the Protocol on the system of public broadcasting in the Member States, which is annexed to the EC Treaty.