Judgment_paragraph 22 · max.mobil Telekommunikation Service GmbH v Commission of the European Communities (T-54/99)

22As regards, finally, the judgment of the Court of First Instance in Case T-17/96 TF1 v Commission [1999] ECR II-1757 (hereinafter ‘the TF1 judgment’), the Commission states, first, that it, like the French Republic, has brought an appeal, in which proceedings were still pending on the date of the hearing in this case, against that judgment (C-302/99 P and C-308/99 P). It takes exception, more particularly, to the grounds of that judgment according to which Article 90(3) of the EC Treaty is intended to protect the interests of individuals, and to those according to which the fact that TF1, from which the complaint emanated, is a competitor of the public undertaking with which the complaint is concerned constitutes an ‘exceptional circumstance’ within the meaning of the Bilanzbucbhalter judgment. The circumstances relied on in the TF1 judgment cannot therefore support the view that the present application is admissible.

max.mobil Telekommunikation Service GmbH v Commission of the European Communities (T-54/99)

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