Case C-347/06: Judgment of the Court (Second Chamber) of 17 July 2008 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia (Italy)) — ASM Brescia SpA v Comune di Rodengo Saiano (Articles 43 EC, 49 EC and 86 EC — Concession for a public gas-distribution service — Directive 2003/55 — Early cessation at the end of a transitional period — Principles of the protection of legitimate expectations and legal certainty)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: equal treatment, gas supply, interpretation of the law, natural gas, service concession

30.8.2008

EN

Official Journal of the European Union

C 223/7

2. Directive 2000/78, and, in particular, Articles 1 and 2(1) and (3)
thereof, must be interpreted as meaning that the prohibition of
harassment laid down by those provisions is not limited only to
people who are themselves disabled. Where it is established that the
unwanted conduct amounting to harassment which is suffered by
an employee who is not himself disabled is related to the disability
of his child, whose care is provided primarily by that employee,
such conduct is contrary to the prohibition of harassment laid down
by Article 2(3).

(1) OJ C 237, 30.9.2006.

Operative part of the judgment

1. Directive 2003/55/EC of

the European Parliament and of

the
Council of 26 June 2003 concerning common rules for the internal
market in natural gas and repealing Directive 98/30/EC does not
preclude legislation of a Member State, such as that at issue in the
main proceedings, from providing for the extension, on conditions
which it lays down, of the length of the transitional period at the
end of which the early cessation of a concession for the distribution
of natural gas such as that in question in those proceedings must
occur. In those circumstances,
it must also be held that neither
Article 10 EC nor the principle of proportionality precludes such
legislation.

Judgment of the Court (Second Chamber) of 17 July 2008
(reference for a preliminary ruling from the Tribunale
amministrativo regionale per la Lombardia (Italy)) — ASM
Brescia SpA v Comune di Rodengo Saiano

(Case C-347/06) (1)

2. Articles 43 EC, 49 EC and 86(1) EC do not preclude legislation
of a Member State, such as that at issue in the main proceedings,
from providing for the extension, on conditions which it lays down,
of the length of the transitional period at the end of which the
early cessation of a concession for the distribution of natural gas
such as that in question in those proceedings must occur, provided
that such an extension can be regarded as being necessary to enable
the contracting parties to untie their contractual relations on accep-
table terms both from the point of view of the requirements of the
public service and from the economic point of view.

(Articles 43 EC, 49 EC and 86 EC — Concession for a public
gas-distribution service — Directive 2003/55 — Early cessa-
tion at the end of a transitional period — Principles of the
protection of legitimate expectations and legal certainty)

(1) OJ C 281, 18.11.2006.

(2008/C 223/09)

Language of the case: Italian

Referring court

Judgment of the Court (Grand Chamber) of 10 July 2008
— Bertelsmann AG, Sony Corporation of America v
Commission of the European Communities Independent
Music Publishers and Labels Association (Impala, an inter-
national association), Sony BMG Music Entertainment BV

Tribunale amministrativo regionale per la Lombardia

(Case C-413/06 P) (1)

Parties to the main proceedings

Applicant: ASM Brescia SpA

Defendant: Comune di Rodengo Saiano

Intervener: Anigas — Associazione Nazionale Industriali del Gas

Re:

Reference for a preliminary ruling — Tribunale amministrativo
regionale per la Lombardia — Interpretation of Articles 43, 49
and 86(1) EC and of Article 23(1) of Directive 2003/55/EC of
the European Parliament and of the Council of 26 June 2003
concerning common rules for the internal market in natural gas
and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) —
Automatic extension of concessions for the operation of the
public gas-distribution service

concentrations
(Appeals — Competition — Control of
between undertakings — Sony BMG joint venture — Appeal
against the annulment of a Commission decision declaring a
concentration compatible with the common market — Judicial
review — Scope — Standard of proof — Role of the state-
ment of objections — Strengthening or creation of a collective
dominant position — Statement of reasons for a decision
approving a concentration — Use of confidential information)

(2008/C 223/10)

Language of the case: English

Parties

Appellants: Bertelsmann AG (represented by: P. Chappatte and J.
Boyce, Solicitors), Sony Corporation of America (represented by:
N. Levy, Barrister, R. Snelders, avocat, and T. Graf, Rechtsanwalt)