Source: EURLEX
Language: en
Format: md

No C 137 / 2 EN Official Journal of the European Communities 3 . 6 . 95

89 / 661 / EEC of 31 May 1989 concerning aid provided by
the Italian Government to Alfa Romeo, an undertaking in
the motor vehicle sector ( 2 ) — the Court, composed of G. C.
Rodriguez Iglesias, President, F. A. Schockweiler

( Rapporteur ) ( President of Chamber ), G. F. Mancini, J. C.
Moitinho de Almeida, J. L. Murray, D. A. O. Edward and
J. - P. Puissochet, Judges ; F. G. Jacobs, Advocate-General ; L.

Hewlett, Administrator, for the Registrar, has given a
judgment on 4 April 1995, in which it :

1 . declares that, by failing to abolish and recover within the
prescribed period the aid improperly paid to the Alfa
Romeo Group in the amount of Lit 615,1 thousand
million plus default interest calculated from
30 September 1989 to the date of payment of the
amount in question, the Italian Republic has failed to
fulfil its obligations under Commission Decision
89 / 661 / EEC of 31 May 1989 concerning aid provided
by the Italian Government to Alfa Romeo, an
undertaking in the motor vehicle sector ;

2 . dismisses the remainder of the application ;

3 . orders the Italian Republic to pay the costs .

1 . declares that, by failing to abolish and recover within the
prescribed period the aid paid to the ENI-Lanerossi

Group ( now SNAM SpA ) in the amount of Lit 260,4
thousand million, the Italian Republic has failed to fulfil
its obligations under Commission Decision 89 / 43 / EEC
of 26 July 1988 on aids granted by the Italian
Government to ENI-Lanerossi ;

2 . dismisses the remainder of the application ;

3 . orders the Italian Republic to pay the costs .

(') OJ No C 222, 18 . 8 . 1993 .

( 2 ) OJ No L 16, 20 . 1 . 1989, p . 52 .

JUDGMENT OF THE COURT

of 5 April 1995

in Case C-103 / 94 ( reference for a preliminary ruling from
the Tribunal des Affaires de Sécurité Sociale, Nanterre

( France )): Zoulika Krid v . Caisse Nationale d'Assurance

(') OJ No C 231, 27 . 8 . 1993 . ( France )): Zoulika Krid v . Caisse Nationale

( 2 ) OJ No L 394, 30 . 12 . 1989, p . 9 . Vieillesse des Travailleurs Salariés ( CNAVTS ) i })

( 2 ) OJ No L 394, 30 . 12 . 1989, p . 9 .

( EEC                                       - Algeria Cooperation Agreement — Article 39 ( 1 ) —
Direct effect — Principle of non-discrimination — Scope —

Widow of Algerian worker who had been employed in a
Member State — Supplementary allowance from the

National Solidarity Fund )
JUDGMENT OF THE COURT

of 4 April 1995

( 95 / C 137 / 04 )

in Case C-350 / 93 : Commission of the European
Communities v. Italian Republic ( J ) ( Language of the case : French )

( Failure of a Member State to fulfil its obligations — State
aid incompatible with the common market — Recovery —

Public holding company )

( 95 / C 137 / 03 )

( Language of the case : Italian )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-350 / 93 : Commission of the European
Communities ( Agents : Antonino Abate and Vittorio di
Bucci ) v. Italian Republic ( Agent : Luigi Ferrari Bravo ) —
application for a declaration that, by failing to abolish and
recover within the prescribed period the aid paid to the
ENI-Lanerossi Group ( now SNAM SpA ) in the amount of
Lit 260,4 thousand million, the Italian Republic has failed to
fulfil its obligations under Commission Decision 89 / 43 / EEC
of 26 July 1988 on aids granted by the Italian Government
to ENI-Lanerossi ( 2 ) — the Court, composed of G. C.
Rodriguez Iglesias, President, F. A. Schockweiler

( Rapporteur ) ( President of Chamber ), G. F. Mancini, J. C.
Moitinho de Almeida, J. L. Murray, D. A. O. Edward and
J.-P . Puissochet, Judges ; F. G. Jacobs, Advocate-General ; L.

Hewlett, Administrator, for the Registrar, has given a
judgment on 4 April 1995, in which it :

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-103 / 94 : reference to the Court under Article 177

of the EC Treaty from the Tribunal des Affaires de Securite
Sociale ( Social Security Court ), Nanterre ( France ) for a
preliminary ruling in the proceedings pending before that
court between Zoulika Krid and Caisse Nationale

d'Assurance Vieillesse des Travailleurs Salaries ( CNAVTS )
— on the interpretation of Article 39 ( 1 ) of the Cooperation
Agreement between the European Economic Community
and the People 's Democratic Republic of Algeria, signed in
Algiers on 26 April 1976 and approved on behalf of the
Community by Council Regulation ( EEC ) No 2210 / 78 of
26 September 1978 ( 2 ) — the Court, composed of G. C.
Rodriguez Iglesias, President, F. A. Schockweiler

( Rapporteur ) and C. Gulmann ( Presidents of Chambers ),
G. F. Mancini, C. N. Kakouris, J. C. Moitinho de Almeida,
J. L Murray, D. A. O. Edward, J.-P . Puissochet, G. Hirsch

and L. Sevon, Judges ; G. Tesauro, Advocate-General ; L.
Hewlett, Administrator, for the Registrar, has given a
judgment on 5 April 1995, in which it :

Article 39 ( 1 ) of the Cooperation Agreement between the
European Economic Community and the People 's

3 . 6 . 95 EN 1 Official Journal of the European Communities No C 137 / 3

Democratic Republic of Algeria, signed in Algiers on
26 April 1976 and approved on behalf of the Community by

Council Regulation ( EEC ) No 2210 / 78 of 26 September
1978, must be interpreted as precluding a Member State
from refusing to grant a benefit such as the supplementary
allowance from the FNS, which is provided for under its

legislation for its own nationals who are resident in that
State, to the widow of an Algerian worker, who is resident in
that Member State and is the recipient of a survivor 's
pension there, on the ground that she is of Algerian
nationality .

1 . dismisses the appeals ;

2 . orders Radio Telefis Eireann ( RTE ) and Independent
Television Publications Ltd ( ITP ) to pay the costs of the
appeals lodged by them ;

3 . orders Intellectual Property Owners Inc . ( IPO ) to bear
its own costs and to pay those incurred by the
Commission due to its intervention .

(M OJ No C 307, 27 . 11 . 1991 .
(M OJ No C 120, 30 . 4 . 1994 .

( 2 ) OJ No L 263, 27 . 9 . 1978, p . 1 .

JUDGMENT OF THE COURT

( Second Chamber )

of 6 April 1995

JUDGMENT OF THE COURT

of 6 April 1996

in Joined Cases C-241 / 91 P and C-242 / 91 P : Radio Telefis
Eireann ( RTE ) and Independent Television Publications Ltd

( ITP ) v. Commission of the European Communities C )

( Competition — Abuse of a dominant position —
Copyright )

in Case C-299 / 93 : Ernst Bauer v. Commission of the

European Communities (*)

( Arbitration clause — Residential tenancy agreement —
Determination of the rent — Termination — Restitution of

damage )

95 / C 137 / 06

( 95 / C 137 / 05 ) ( Language of the case : Italian )

( Language of the case : English )

In Joined Cases C 241 / 91 P and C 242 / 91 P : Radio Telefis
Eireann ( RTE ), a public authority having its office in Dublin

( Agents : W. Alexander and G. van der Wal ) and
Independent Television Publications Ltd ( ITP ), a company
incorporated under English law and having its registered
office in London ( Agents : M. J. Reynolds and R. Strivens ),
supported by Intellectual Property Owners Inc . ( IPO ),
having its registered office in Washington DC, United States
of America ( Agents : D. R. Barrett and G. I. F. Leigh ) —
appeals against two judgments of the Court of First Instance
of the European Communities ( Second Chamber ) of 10 July

1991 in Case T-69 / 89 RTE v. Commission [ 1991 ] ECR
11-485 and in Case T-76 / 89 ITP v. Commission [ 1991 ] ECR
11-575, seeking to have those judgments set aside, the other
party to the proceedings being Commission of the European
Communities ( Agent : Julian Currall ), supported by Magill
TV Guide Ltd, having its registered office in Dublin ( Agent :
Gore & Grimes, Solicitors ) — the Court, composed of G. C.
Rodriguez Iglesias ( Rapporteur ), President, F. A.
Schockweiler and P. J. G. Kapteyn ( Presidents of
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho
de Almeida and J. L. Murray, Judges ; C. Gulmann,
Advocate-General ; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 6 April 1995, in which

it :

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-299 / 93 : Ernst Bauer ( Agent : Giorgio Gozzi )
v. Commission of the European Communities ( Agents :
Gianluigi Valsesia and Alberto Dal Ferro ) — application for
a declaration that the request for surrender of tenanted
residential premises and the increase in the rent payable for
those premises were unlawful, and for compensation for the
additional rent paid on the basis of that increase and for
material and non-material damage incurred as a result of the
early surrender of the premises — the Court ( Second
Chamber ), composed of F. A. Schockweiler, President of the
Chamber, G. F. Mancini ( Rapporteur ) and G. Hirsch,
Judges ; G. Cosmas, Advocate-General ; R. Grass, Registrar,
gave a judgment on 6 April 1995, the operative part of
which is as follows :

1 . the application is dismissed ;

2 . the applicant is ordered to pay the costs .

(M OJ No C 177, 29 . 6 . 1993 .