Asunto T-194/04: Recurso interpuesto el 27 de mayo de 2004 por Bavarian Lager Company contra la Comisión de las Comunidades Europeas

• Jurisdiction: European Union
• Published date: 17 June 2005
• Celex Number: C2004/201/44

7.8.2004 EN Official Journal of the European Union C 201/21

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Action brought on 27 May 2004 by The Bavarian Lager Company against the Commission of the European Communities

(Case T-194/04)

(2004/C 201/44)

Language of the case: English

An action against the Commission of the European communities was brought before the Court of First Instance of the European Communities on 27 May 2004 by The Bavarian Lager Company, Clitheroe, United Kingdom, represented by Mr J. Pearson and Mr C. Bright Solicitors with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that the Commission's acceptance of the UK Government's amendment to Article 7(2)(a) of the Supply of Beer (Tied Estate) Order 1989 (S.I. 1989 No 2390) (the ‘guest beer provision’) was in breach of Article 28 (then Article 30) of the EC Treaty;

— Declare that the Commission should not have accepted the aforementioned amendment and in doing so, the Commission is itself was in breach of Article 28 (then Article 30) of the EC Treaty;

— Annul the Decision of the Commission dated 18 March 2004 to refuse to disclose to the applicant certain documents;

— Order the Commission to produce the full set of names of persons attending the meeting held on 11 October 1996 at which were present officers of the Directorate-General for the Internal Market, officials of the UK Government Department of Trade and Industry and representatives of the Conféderation des Brasseurs du Marché Commun; and

— Order the Commission to pay costs

Pleas in law and main arguments:

The applicant company was formed on 28 May 1992 to import German beer for sale in public houses in the United Kingdom. In 1993 the applicant complained to the Commission about an alleged violation of Article 28 EC (then Article 30 of the EC Treaty) in connexion with the ‘guest beer provision’ in UK legislation. Under this provision breweries are required to allow public houses bound to them by exclusive purchasing agreements to offer a ‘guest’ beer from a different brewery. The guest beer had to be a beer undergoing fermentation in the cask from which it was sold, a type of beer which is almost exclusively produced in the United Kingdom. The beer sold by the applicant as well as most beers produced outside the United Kingdom...