26.4.2008

EN

Official Journal of the European Union

C 107/30

(Case T-68/08)

(2008/C 107/51)

Language of the case: English

Parties

Applicant: Fédération Internationale de Football Association (FIFA) (Zurich, Switzerland) (represented by: E. Batchelor, F. Young, Solicitors, and A. Barav, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—Annulment, in whole or in part, of the Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, in particular Articles 1-3 thereof in so far as it concerns the FIFA World Cup™;

—an order that the Commission pay its own costs and FIFA's costs in connection with these proceedings.

Pleas in law and main arguments

Under Article 3a of Council Directive 89/552/EEC a Member State may draw up a list of sporting or other events that are considered to be events of ‘major importance to society’. The events on the list cannot be the subject of exclusive broadcasting rights which prevent a substantial proportion of the public in that Member State from watching the event via live coverage or deferred coverage on free television.

The applicant seeks the annulment of Commission Decision 2007/730/EC of 16 October 2007 by which the Commission declared that the list drawn up by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC, listing all 64 FIFA World Cup matches, was compatible with Community law. This prevents FIFA from granting exclusive licenses to broadcasters in respect of live broadcasting in the United Kingdom of any of the FIFA World Cup matches.

In support of its application, the applicant submits that the Commission's decision is vitiated by an infringement of an essential procedural requirement by failing to state reasons for approving the inclusion of all 64 matches in the FIFA World Cup on the list of the United Kingdom.

Furthermore, the applicant contends that the contested decision infringes Directive 89/552/EEC, as the procedure followed by the British authorities for the adoption of the measure was not clear and transparent, and as all the matches played within the framework of the FIFA World Cup were not of major importance for the British society.

The applicant moreover alleges that the contested decision infringes the applicant's property rights by preventing it from granting exclusive licenses in respect of live broadcasting in the United Kingdom for any of the matches played within the framework of the FIFA World Cup.

The applicant further claims that the contested decision infringes the provisions of the EC Treaty on freedom to provide services by depriving the applicant from licensing and broadcasters from acquiring live exclusive rights to any of the FIFA World Cup matches broadcasted in the United Kingdom.

The applicant also claims that the contested decision infringes the provisions of the EC Treaty on competition by permitting an abusive behaviour of a joint dominant position and/or anti-competitive agreement for the acquisition of live broadcasting rights to international football matches in the United Kingdom and by restricting competition on related free-to-air television, advertising and premium sports pay-television markets.

Finally, the applicant alleges that the contested decision infringes the provisions of the EC Treaty on the right of establishment by restricting access to live exclusive broadcasting rights in the United Kingdom to any of the matches played within the framework of the FIFA World Cup by entrants or potential entrants into the relevant British market.

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23).

Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2007 L 295, p. 12).