Asunto T-81/04 Recurso interpuesto el 21 de febrero de 2004 contra la Comisión de las Comunidades Europeas por Bouygues S.A. y Bouygues Télécom

• Jurisdiction: European Union
• Celex Number: C2004/106/150
• Published date: 01 December 2004

30.4.2004 EN Official Journal of the European Union C 106/76

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Action brought on 21 February 2004 by Bouygues SA and Bouygues Télécom against Commission of the European Communities

(Case T-81/04)

(2004/C 106/150)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 21 February 2004 by Bouygues SA, having its registered office in Paris, and Bouygues Télécom, having its registered office in Boulogne Billancourt (France), represented by Bernard Amory and Alexandre Verheyden, lawyers.

The applicants claim that the Court should:

— declare that, by failing to define its position within the period of two months commencing on the date of the letter of formal notice of 12 November 2003, the Commission has failed to act;

— in the alternative, declare the Commission's definition of its position of 11 December 2003 to be void;

— order the Commission to pay the whole of the costs.

Pleas in law and main arguments:

The subject-matter of this action is the complaint lodged by the applicants with the defendant concerning inter alia the aid granted by the French State to ORANGE FRANCE and SFR by way of a retroactive reduction in the royalty payments of EUR 4 955 000 000 which each of those operators had undertaken to pay in exchange for the Universal Mobile Telecommunications System (‘UMTS’) licence...