Judgment_paragraph 76 · Roger Tremblay, Harry Kestenberg and Syndicat des exploitants de lieux de loisirs (SELL) v Commission of the European Communities (T-224/95)

76The applicants consider that the Commission's conduct constitutes an infringement of the Treaty and a misuse of powers. In their view, by deliberately refraining, despite their requests, from investigating the case or at any rate by confining itself to ‘passive’ investigations, the Commission kept the alleged restrictive agreement alive and thereby pursued objectives other than those for which the powers provided for in the Treaty were conferred on it (judgments in Joined Cases 3/64 and 4/64 Chambre Syndicale de L Sidérurgie Française and Others v High Authority [1965] ECR 567, Case 135/87 Vlachou v Court of Auditors [1988] ECR 2901 and Case C-107/90 P Hochbaum v Commission [1992] ECR I-157). In support of that plea, the applicants refer to extracts from statements made by the President of SACEM and GESAC at a conference on copyright held in Madrid on 16 and 17 March 1992.

Roger Tremblay, Harry Kestenberg and Syndicat des exploitants de lieux de loisirs (SELL) v Commission of the European Communities (T-224/95)

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