CELEX: C1995/137/02
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT of 4 April 1995 in Case C-348/93: Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - State aid incompatible with the common market - Recovery - Public holding company)

3 . 6 . 95            EN J               Official Journal of the European Communities                                     No C 137/ 1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                the Court does not have jurisdiction to give a preliminary
                      of 28 March 1995                              ruling on the question submitted by the Court of Appeal.
in Case C-346/93 ( reference for a preliminary ruling from
                                                                    (') OJ No C 231 , 27 . 8 . 1993 .
the Court of Appeal ): Kleinwort Benson Ltd v. City of              ( 2 ) OJ No L 299 , 31 . 12 . 1992 , p . 32 .
                  Glasgow District Council ( ] )                    (') OJ No L 304 , 30 . 10 . 1978 , p. 1 and — text of Convention as
(Brussels Convention — National legislation modelled on it                amended — p. 77 .
— Interpretation — Question submitted for a preliminary
          ruling — Lack of jurisdiction of the Court)
                         ( 95/C 137/01 )
                                                                                   JUDGMENT OF THE COURT
                                                                                              of 4 April 1995
                (Language of the case: English)                     in Case      C-348/93 : Commission of the                European
                                                                                 Communities v. Italian Republic ( ! )
                                                                    (Failure of a Member State to fulfil its obligations — State
                                                                    aid incompatible with the common market — Recovery —
In Case C-346/93 : reference to the Court under the Protocol                            Public holding company)
of 3 June 1971 on the interpretation by the Court of Justice                                   ( 95/C 137/02 )
of the Convention of 27 September 1968 on jurisdiction and
the enforcement of judgments in civil and commercial
matters by the Court of Appeal for a preliminary ruling in                          (Language of the case: Italian)
the proceedings pending before that court between
Kleinwort Benson Ltd and City of Glasgow District Council           (Provisional translation; the definitive translation will be
— on the interpretation of Article 5 ( 1 ) and ( 3 ) of the                   published in the European Court Reports)
abovementioned Convention of 27 September 1968 ( 2 ), as
amended by the Convention of 9 October 1978 on the                  In Case C-348/93 : Commission of the European
Accession of the Kingdom of Denmark, Ireland and the                Communities (Agents : Antonino Abate and Vittorio Di
United Kingdom of Great Britain and Northern Ireland ( 3 )          Bucci ) v. Italian Republic ( Agent: Luigi Ferrari Bravo ) —
— the Court, composed of G. C. Rodriguez Iglesias,                  application for a declaration that, by failing to abolish and
President, F. A. Schockweiler ( Rapporteur ), P.J. G. Kapteyn       recover within the prescribed period the aid improperly paid
and C. Gulmann, Presidents of Chambers , G. F. Mancini,             to the Alfa Romeo Group in the amount of Lit 615,1
C. N. Kakouris , J. C. Moitinho de Almeida , J. L. Murray,          thousand million plus default interest calculated from
D. A. O. Edward, J.-P. Puissochet and G. Hirsch, Judges; G.         September 1991 to the date of payment of the amount in
Tesauro, Advocate-General ; H. von Holstein, Deputy                 question, and/or by failing to notify the Commission of the
Registrar, for the Registrar, gave a judgment on 28 March           measures adopted to that end, the Italian Republic has failed
 1995 , the operative part of which is as follows :                 to fulfil its obligations under Commission Decision
 ---pagebreak---  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                  1 . declares that, by failing to abolish and recover within the
 the Italian Government to Alfa Romeo, an undertaking in                      prescribed period the aid paid to the ENI-Lanerossi
 the motor vehicle sector (2 ) — the Court, composed of G. C.                 Group (now SNAM SpA) in the amount of Lit 260,4
 Rodriguez Iglesias, President, F. A. Schockweiler                            thousand million, the Italian Republic has failed to fulfil
  ( Rapporteur) ( President of Chamber ), G. F. Mancini, J. C.                its obligations under Commission Decision 89/43/EEC
 Moitinho de Almeida, J. L. Murray, D. A. O. Edward and                       of 26 July 1988 on aids granted by the Italian
J. -P. Puissochet, Judges; F. G. Jacobs, Advocate-General; L.                 Government to ENI-Lanerossi;
 Hewlett, Administrator, for the Registrar, has given a
 judgment on 4 April 1995 , in which it:
                                                                        2 . dismisses the remainder of the application;
  1 . declares that, by failing to abolish and recover within the
       prescribed period the aid improperly paid to the Alfa            3 . orders the Italian Republic to pay the costs.
       Romeo Group in the amount of Lit 615,1 thousand
       million plus default interest calculated from                    (') OJ No C 222 , 18 . 8 . 1993 .
       30 September 1989 to the date of payment of the                  ( 2 ) OJ No L 16 , 20 . 1 . 1989 , p . 52 .
       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;                                        JUDGMENT OF THE COURT
                                                                                                   of 5 April 1995
 3 . orders the Italian Republic to pay the costs.                      in Case C-103/94 (reference for a preliminary ruling from
                                                                        the Tribunal des Affaires de Sécurité Sociale, Nanterre
 (') OJ No C 231 , 27 . 8 . 1993 .                                      (France)): Zoulika Krid v. Caisse Nationale d'Assurance
 ( 2 ) OJ No L 394, 30 . 12 . 1989 , p . 9 .                                   Vieillesse des Travailleurs Salariés ( CNAVTS ) i})
                                                                        (EEC-Algeria Cooperation Agreement — Article 39 (1) —
                                                                        Direct effect — Principle ofnon-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
                                                                                                    ( 95/C 137/04 )
                          of 4 April 1995
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 —                    (Provisional translation; the definitive translation will be
                     Public holding company)                                       published in the European Court Reports)
                           ( 95/C 137/03 )
                                                                       In Case C-103/94 : reference to the Court under Article 177
                  (Language of the case: Italian)                      of the EC Treaty from the Tribunal des Affaires de Securite
                                                                       Sociale ( Social Security Court), Nanterre ( France ) for a
(Provisional translation; the definitive translation will be           preliminary ruling in the proceedings pending before that
                                                                       court      between    Zoulika       Krid     and Caisse Nationale
           published in the European Court Reports)
                                                                       d'Assurance Vieillesse des Travailleurs Salaries ( CNAVTS )
                                                                       — on the interpretation of Article 39 ( 1 ) of the Cooperation
In Case C-350/93 : Commission of the European                          Agreement between the European Economic Community
Communities (Agents : Antonino Abate and Vittorio di                   and the People's Democratic Republic of Algeria, signed in
Bucci ) v. Italian Republic (Agent: Luigi Ferrari Bravo ) —            Algiers on 26 April 1976 and approved on behalf of the
application for a declaration that, by failing to abolish and          Community by Council Regulation ( EEC ) No 2210/78 of
recover within the prescribed period the aid paid to the               26 September 1978 (2 ) — the Court, composed of G. C.
ENI-Lanerossi Group ( now SNAM SpA ) in the amount of                  Rodriguez Iglesias, President, F. A. Schockweiler
Lit 260,4 thousand million, the Italian Republic has failed to         ( Rapporteur ) and C. Gulmann ( Presidents of Chambers ),
fulfil its obligations under Commission Decision 89/43/EEC             G. F. Mancini, C. N. Kakouris, J. C. Moitinho de Almeida,
of 26 July 1988 on aids granted by the Italian Government              J. L Murray, D. A. O. Edward, J.-P. Puissochet, G. Hirsch
to ENI-Lanerossi ( 2 ) — the Court, composed of G. C.                  and L. Sevon, Judges; G. Tesauro, Advocate-General; L.
Rodriguez Iglesias, President, F. A. Schockweiler                      Hewlett, Administrator, for the Registrar, has given a
( Rapporteur ) ( President of Chamber ), G. F. Mancini, J. C.          judgment on 5 April 1995 , in which it:
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                 Article 39 (1 ) of the Cooperation Agreement between the
judgment on 4 April 1995 , in which it:                                European Economic Community and the People 's