CELEX: C2000/006/02
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court of 21 September 1999 in Case C-67/96 (reference for a preliminary ruling from the Kantongerecht, Arnhem): Albany International BV v Stichting Bedrĳfspensioenfonds Textielindustrie (Compulsory affiliation to a sectoral pension scheme — Compatibility with competition rules — Classification of a sectoral pension fund as an undertaking)

8.1.2000                EN                      Official Journal of the European Communities                                                 C 6/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82
                                                                             EC), must be interpreted as meaning that it does not confer on
                         (Sixth Chamber)                                     individuals the right to oppose the application of legislation of a
                                                                             Member State which requires them to have recourse, for the
                      of 16 September 1999                                   performance of dock work, exclusively to recognised dockers such as
                                                                             those referred to in the Belgian Law of 8 June 1972 organising dock
                                                                             work, and to pay those dockers remuneration far in excess of the
in Case C-22/98 (reference for a preliminary ruling from                     wages of their own employees or the wages which they pay to other
the Hof van Beroep te Gent): criminal proceedings against                    workers.
Jean Claude Becu, Annie Verweire, Smeg NV, Adia Interim
                               NV (1)
                                                                             (1) OJ No C 94 of 28.3.1998.
(Competition — National legislation allowing only ‘recog-
nised dockers’ to perform certain dock duties — Meaning of
          ‘undertaking’ — Special or exclusive rights)
                           (2000/C 6/01)
                                                                                               JUDGMENT OF THE COURT
                    (Language of the case: Dutch)
                                                                                                    of 21 September 1999
(Provisional translation; the definitive translation will be published       in Case C-67/96 (reference for a preliminary ruling from
                   in the European Court Reports)                            the Kantongerecht, Arnhem): Albany International BV v
                                                                                 Stichting Bedrijfspensioenfonds Textielindustrie (1)
In Case C-22/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Hof van Beroep                   (Compulsory affiliation to a sectoral pension scheme —
(Court of Appeal), Ghent, Belgium, for a preliminary ruling in               Compatibility with competition rules — Classification of a
the criminal proceedings pending before that court against                               sectoral pension fund as an undertaking)
Jean Claude Becu, Annie Verweire, Smeg NV, Adia Interim NV
— on the interpretation of Article 90(1) and (2) of the EC                                               (2000/C 6/02)
Treaty (now Article 86(1) and (2) EC), read in conjunction
with Article 6 of the EC Treaty (now, after amendment, Article
12 EC) and Articles 85 and 86 of the EC Treaty (now Articles                                      (Language of the case: Dutch)
81 EC and 82 EC) — the Court (Sixth Chamber), composed of:
P.J.G. Kapteyn, President of the Chamber, J.L. Murray and
R. Schintgen (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,                   (Provisional translation; the definitive translation will be published
Advocate General; D. Louterman-Hubeau, Principal Adminis-                                        in the European Court Reports)
trator, for the Registrar, has given a judgment on 16 September
1999, in which it has ruled:                                                 In Case C-67/96: reference to the Court under Article 177 of
                                                                             the EC Treaty (now Article 234 EC) from the Kantongerecht,
Article 90(1) of the EC Treaty (now Article 86(1) EC), read in               Arnhem, Netherlands, for a preliminary ruling in the proceed-
conjunction with the first paragraph of Article 6 of the EC Treaty           ings pending before that court between Albany International
(now, after amendment, the first paragraph of Article 12 EC), and            BV and Stichting Bedrijfspensioenfonds Textielindustrie — on
 ---pagebreak--- C 6/2                   EN                      Official Journal of the European Communities                                               8.1.2000
the interpretation of Articles 85, 86 and 90 of the EC Treaty              a preliminary ruling in the proceedings pending before that
(now Articles 81 EC, 82 EC and 86 EC) — the Court, composed                court between Brentjens’ Handelsonderneming BV and Stich-
of: G.C. Rodrı́guez Iglesias, President, J.-P. Puissochet,                 ting Bedrijfspensioenfonds voor de Handel in Bouwmaterialen
G. Hirsch and P. Jann, Presidents of Chambers, J.C. Moitinho               — on the interpretation of Article 3(g) of the EC Treaty (now,
de Almeida (Rapporteur), C. Gulmann, J.L. Murray, D.A.O. Ed-               after amendment, Article 3(1)(g) EC) and Articles 5, 85, 86
ward, H. Ragnemalm, L. Sevón and M. Wathelet, Judges;                     and 90 of the EC Treaty (now Articles 10 EC, 81 EC, 82 EC
F.G. Jacobs, Advocate General; D. Louterman-Hubeau, Princi-                and 86 EC) — the Court, composed of: G.C. Rodrı́guez Iglesias,
pal Administrator, for the Registrar, has given a judgment on              President, J.-P. Puissochet, G. Hirsch and P. Jann, Presidents of
21 September 1999, in which it has ruled:                                  Chambers, J.C. Moitinho de Almeida (Rapporteur), C. Gul-
                                                                           mann, J.L. Murray, D.A.O. Edward, H. Ragnemalm, L. Sevón
1. Article 3(g) of the EC Treaty (now, after amendment, Article            and M. Wathelet, Judges; F. G. Jacobs, Advocate General;
    3(1)(g) EC) and Articles 5 and 85 of the EC Treaty (now                D. Louterman-Hubeau, Principal Administrator, for the Regis-
    Articles 10 EC and 81 EC) do not prohibit a decision by the            trar, has given a judgment on 21 September 1999, in which it
    public authorities to make affiliation to a sectoral pension fund      has ruled:
    compulsory at the request of organisations representing employers
    and workers in a given sector.
2. A pension fund charged with the management of a supplementary           1. A decision taken by organisations representing employers and
    pension scheme set up by a collective agreement concluded                   workers in a given sector, in the context of a collective agreement,
    between organisations representing employers and workers in a               to set up in that sector a single pension fund responsible for
    given sector, to which affiliation has been made compulsory by              managing a supplementary pension scheme and to request the
    the public authorities for all workers in that sector, is an                public authorities to make affiliation to that fund compulsory for
    undertaking within the meaning of Article 85 et seq. of the                 all workers in that sector does not fall within the scope of Article
    Treaty.                                                                     85 of the EC Treaty (now Article 81 EC).
3. Articles 86 and 90 of the EC Treaty (now Articles 82 EC and
    86 EC) do not preclude the public authorities from conferring on
    a pension fund the exclusive right to manage a supplementary           2. Article 3(g) of the EC Treaty (now, after amendment, Article
    pension scheme in a given sector.                                           3(1)(g) EC), Article 5 of the EC Treaty (now Article 10 EC) and
                                                                                Article 85 of the Treaty do not prohibit a decision by the public
(1) OJ No C 133 of 4.5.1996.                                                    authorities to make affiliation to a sectoral pension fund
                                                                                compulsory at the request of organisations representing employers
                                                                                and workers in a given sector.
                                                                           3. A pension fund charged with the management of a supplementary
                                                                                pension scheme set up by a collective agreement concluded
                 JUDGMENT OF THE COURT
                                                                                between organisations representing employers and workers in a
                                                                                given sector, to which affiliation has been made compulsory by
                      of 21 September 1999                                      the public authorities for all workers in that sector, is an
                                                                                undertaking within the meaning of Article 85 et seq. of the
in Joined Cases C-115/97, C-116/97 and C-117/97 (refer-                         Treaty.
ences for a preliminary ruling from the Kantongerecht,
Roermond): Brentjens’ Handelsonderneming BV v Stich-
ting Bedrijfspensioenfonds voor de Handel in Bouwmat-
                             erialen (1)                                   4. Articles 86 and 90 of the EC Treaty (now Articles 82 EC and
                                                                                86 EC) do not preclude the public authorities from conferring on
(Compulsory affiliation to a sectoral pension scheme —                          a pension fund the exclusive right to manage a supplementary
Compatibility with competition rules — Classification of a                      pension scheme in a given sector.
           sectoral pension fund as an undertaking)
                           (2000/C 6/03)
                    (Language of the case: Dutch)                          (1) OJ No C 142 of 10.5.1997.
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
In Joined Cases C-115/97, C-116/97 and C-117/97: references
to the Court under Article 177 of the EC Treaty (now Article
234 EC) from the Kantongerecht, Roermond, Netherlands, for