Notice for the OJ

 

Action brought on 6 December 2001 by SIC ( Sociedade Independente de Comunicação S.A. against Commission of the European Communities

    (Case T-298/01)

    (Language of the case: Portuguese)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 6 December 2001 by SIC ( Sociedade Independente de Comunicação S.A., whose registered office is at Carnaxide, Linda-a-Velha (Portugal), represented by Carlos Botelho Moniz, lawyer.

The applicant claims that the Court should:

1find the action admissible;

2accordingly, in view of the duty incumbent on the Commission under Articles 87 and 88 of the EC Treaty as regards the preliminary assessment of State aid measures brought to its attention, as well as of the general principles of law to which it is subject, in particular the principles of legality, good administration and care, declare that the Commission failed, contrary to Articles 87 and 88 of the Treaty and the abovementioned general principles of law, in its duty to adopt a decision regarding the request for the procedure under Article 88(2) to be initiated in respect of the measures which were the subject of the complaints of 22 October 1996 and 20 June 1997 lodged by the applicant;

3order the Commission to pay all the costs.

Pleas in law and main arguments

The applicant is a commercial company whose sole object is the pursuit of television broadcasting activities.

On 22 October 1996, the applicant lodged with Directorate General for Competition - DG IV of the Commission ( a complaint against the Portuguese Republic and RTP ( Radiotelevisão Portuguesa, alleging breach of Community rules on competition, in particular of Articles 87 and 88 of the EC Treaty.

The complaint concerned a number of measures adopted by the Portuguese Government in favour of RTP, a public operator holding the public service television concession, taking the view that such measure constituted State aid within the meaning of Article 87 of the EC Treaty and that such aid had been granted contrary to Article 88(3) of the Treaty.

The complaint related, in particular, to compensatory payments made in 1994, 1995 and 1996 by the Portuguese Republic to RTP.

The payments for 1994 and 1995 were the subject of a Commission decision of 7 November 1996, against which an action for annulment was brought.

The failure to act which constitutes the subject-matter of the present action relates to the compensatory payment for 1996.

Such a measure constitutes State aid within the meaning of Article 87 of the EC Treaty, since it was implemented by the Portuguese State contrary to Article 88(3) without previously notifying the Commission.

The measure was brought to the attention of the Commission by means of the complaint of 22 October 1996, that is to say, more than 5 years ago, no decision having been taken by that Community institution with regard to the 1996 compensatory payment until the end of November 2001.

On 20 June 1997 the applicant lodged with Directorate General for Competition - DG IV of the Commission ( a fresh complaint against the Portuguese Republic and RTP alleging breach of Community rules on competition, in particular of Articles 87 and 88 of the EC Treaty.

In view of the inactivity of the Community institution, the applicant, by letter of 26 July 2001, received by the Commission on 30 July 2001, more than 53 months after the complaint was lodged, called on the Commission, in accordance with Article 232 of the EC Treaty, to adopt a position on the complaint and initiate the procedure under Article 88(2) of the EC Treaty.

The Commission replied, after the two-month time-limit prescribed by Article 232, in a letter of 24 October 2001, in which it does not define its position, but merely states that it is completing the internal preparatory work with regard to the complaints.

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