Judgment of the Court of 9 October 2001 in Case C-400/99: Italian Republic v Commission of the European Communities (Action for annulment — State aid — Aid to a maritime transport undertaking — Public service contract — Exiting aid or new aid — Initiation of the procedure under Article 88(2) EC — Obligation to suspend — No need to adjudicate or inadmissibility)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU), suspension of aid, terms for aid

C 348/4

EN

Official Journal of the European Communities

8.12.2001

personal communications (OJ 1996 L 20, p. 59), in conjunc-
tion with the second and third paragraphs of Article 3a of
Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services
(OJ 1990 L 192, p. 10) as amended by Directive 96/2/EC, the
Helenic Republic failed to fulfil its obligations under the EC
Treaty and those Directives — the Court (Sixth Chamber),
composed of: N. Colneric, President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann
(Rapporteur), R. Schintgen, V. Skouris, and J.N. Cunha Rodri-
gues,
Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 16 October 2001,
in which it:

1. Declares that by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Article 2(1) and (2) of Commission Directive
96/2/EC of 16 January 1996 amending Directive
90/388/EEC with regard to mobile and personal communi-
cations, in conjunction with the second and third paragraphs of
Article 3a of Commission Directive 90/388/EEC of 28 June
1990 on competition in the markets for telecommunications
services, the Hellenic Republic failed to fulfil its obligations
under those Directives;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 6 of 8.1.2000, OJ C 366 of 18.12.1999.

Journal of

(Agents: E. De Persio and D. Triantafyllou) — application for
annulment of the Commission decision, notified to the Italian
Republic by letter SG(99) D/6463 of 6 August 1999, published
in the Official
the European Communities of
23 October 1999 (OJ 1999 C 306, p. 2), to initiate the
procedure under Article 88(2) EC concerning State aid C 64/99
(ex NN 68/99) — Italyl — granted to undertakings in the
Tirrenia di Navigazione group, in so far as that decision rules
on the suspension of the aid in question — the Court,
composed of: G.C. Rodrı´guez Iglesias, President, P.
Jann,
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola,
(Rapporteur),
L. Sevo´ n, M. Wathelet, V. Skouris and J.N. Cunha Rodrigues,
Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
Deputy Registrar, for the Registrar, has given a judgment on
9 October 2001, in which it:

J.-P. Puissochet

1. Dismisses the application by the Commission of the European
Communities, based on Article 91(1) of the Rules of Procedure
of the Court of Justice, for a declaration that there is no need to
adjudicate or that the action is inadmissible;

2. Declares that the proceedings are to continue as to the substance

of the case;

3.

Reserves the costs.

(1) OJ C 20 of 22.1.2000.

JUDGMENT OF THE COURT

of 9 October 2001

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 October 2001

in Case C-400/99: Italian Republic v Commission of the
European Communities (1)

in Case C-441/99 (reference for a preliminary ruling
from the Högsta domstolen): Riksskatteverket v Soghra
Gharehveran (1)

(Action for annulment — State aid — Aid to a maritime
transport undertaking — Public service contract — Exiting
aid or new aid — Initiation of the procedure under
Article 88(2) EC — Obligation to suspend — No need to
adjudicate or inadmissibility)

(2001/C 348/07)

(Language of the case: Italian)

(Directive 80/987/EEC — Approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer — Scope of the
exclusion relating to Sweden provided for in point G of
Section I of the Annex to the Directive — Designation of the
State as liable to pay guaranteed wage claims — Effect on
Directive 80/987/EEC)

(2001/C 348/08)

(Language of the case: Swedish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-400/99: Italian Republic (Agent: U. Leanza, assisted
by P.G. Ferri) v Commission of the European Communities

In Case C-441/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Högsta domstolen