CELEX: C1999/020/11
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 26 November 1998 in Case C-1/97 (reference for a preliminary ruling from the Verwaltungsgericht der Freien Hansestadt Bremen): Mehmet Birden v. Stadtgemeinde Bremen (EEC-Turkey Association Agreement - Freedom of movement for workers - Article 6(1) of Decision No 1/80 of the Association Council - Scope - Turkish national with a fixed-term employment contract under a programme financed by the public authorities and designed to assist the integration of persons dependent on social assistance into the labour market)

23.1.1999             EN                  Official Journal of the European Communities                                      C 20/7
               JUDGMENT OF THE COURT                                               JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                      (Sixth Chamber)
                                                                                         of 26 November 1998
                    of 25 November 1998
                                                                     in Case C-1/97 (reference for a preliminary ruling from
in Case C-308/97: (reference for a preliminary ruling from           the Verwaltungsgericht der Freien Hansestadt Bremen):
the Pretura Circondariale di Bari): Giuseppe Manfredi v.                     Mehmet Birden v. Stadtgemeinde Bremen (1)
                       Regione Puglia (1)
                                                                     (EEC-Turkey Association Agreement Ð Freedom of
                                                                     movement for workers Ð Article 6(1) of Decision No 1/80
      (Wine Ð New planting of vines Ð Table grapes)
                                                                     of the Association Council Ð Scope Ð Turkish national
                                                                     with a fixed-term employment contract under a
                        (1999/C 20/10)                               programme financed by the public authorities and
                                                                     designed to assist the integration of persons dependent on
                                                                               social assistance into the labour market)
                                                                                             (1999/C 20/11)
                (Language of the case: Italian)
                                                                                   (Language of the case: German)
  (Provisional translation; the definitive translation will be        (Provisional translation; the definitive translation will be
          published in the European Court Reports)                            published in the European Court Reports)
                                                                     In Case C-1/97: reference to the Court under Article 177
                                                                     of the EC Treaty from the Verwaltungsgericht der Freien
In Case C-308/97: reference to the Court under Article 177           Hansestadt Bremen (Administrative Court of the Free
of the EC Treaty by the Pretura Circondariale di Bari                Hanseatic City of Bremen), Germany, for a preliminary
(Italy), for a preliminary ruling in the proceedings pending         ruling in the proceedings pending before that court
before that court between Giuseppe Manfredi and Regione              between Mehmet Birden and Stadtgemeinde Bremen Ð on
Puglia on the interpretation of Article 6(1) of Council              the interpretation of Article 6(1) of Decision No 1/80 of
Regulation (EEC) No 822/87 of 16 March 1987 on the                   19 September 1980 on the development of the
common organisation of the market in wine (OJ L 84,                  Association, adopted by the Association Council
27.3.1987, p. 1) Ð the Court (Sixth Chamber), composed               established by the Association Agreement between the
of P. J. G. Kapteyn (Rapporteur), (President of the                  European Economic Community and Turkey Ð the Court
Chamber); G. Hirsch, G. F. Mancini, H. Ragnemalm and                 (Sixth Chamber), composed of: P. J. G. Kapteyn, President
K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,                       of the Chamber, G. F. Mancini, J. L. Murray, H.
Advocate-General; L. Hewlett, Administrator, for the                 Ragnemalm and R. Schintgen (Rapporteur), Judges; N.
Registrar, has given a judgment on 25 November 1998, in              Fennelly, Advocate-General; L. Hewlett, Administrator, for
which it has ruled:                                                  the Registrar, has given a judgment on 26 November 1998
                                                                     in which it has ruled:
                                                                     Article 6(1) of Decision No 1/80 of 19 September 1980 on
For the years 1991 and 1992, Article 6(1) of Council                 the development of the Association, adopted by the
Regulation (EEC) No 822/87 of 16 March 1987 on the                   Association Council established by the Association
common organisation of the market in wine, as amended                Agreement between the European Economic Community
by Council Regulation (EEC) No 1325/90 of 14 May                     and Turkey is to be interpreted as follows:
1990, prohibited new plantations of vines intended for the
production of table grapes.
                                                                     A Turkish national who has lawfully pursued a genuine
                                                                     and effective economic activity in a Member State under
( ) OJ C 318, 18.10.1997.
 1
                                                                     an unconditional work permit for an uninterrupted period
                                                                     of more than one year for the same employer, in return for
                                                                     which he received the usual remuneration, is a worker
                                                                     duly registered as belonging to the labour force of that
                                                                     Member State and in legal employment there within the
                                                                     meaning of that provision.
 ---pagebreak--- C 20/8                EN                  Official Journal of the European Communities                                    23.1.1999
In so far as he has available a job with the same employer,          State and operates the only nationwide newspaper
a Turkish national in that situation is thus entitled to             home-delivery scheme in that Member State to allow the
demand the renewal of his residence permit in the host               publisher of a rival newspaper, which by reason of its
Member State, even if, pursuant to the legislation of that           small circulation is unable either alone or in cooperation
Member State, the activity pursued by him was restricted             with other publishers to set up and operate its own
to a limited group of persons, was intended to facilitate            home-delivery scheme in economically reasonable
their integration into working life and was financed by              conditions, to have access to that scheme for appropriate
public funds.                                                        remuneration does not constitute the abuse of a dominant
                                                                     position within the meaning of Article 86 of the EC
                                                                     Treaty.
(1) OJ C 74, 8.3.1997.
                                                                     (1) OJ C 74, 8.3.1997.
               JUDGMENT OF THE COURT
                       (Sixth Chamber)
                    of 26 November 1998
                                                                                    JUDGMENT OF THE COURT
in Case C-7/97 (reference for a preliminary ruling from
the Oberlandesgericht Wien): Oscar Bronner GmbH &                                           (Second Chamber)
Co. KG v. Mediaprint Zeitungs- und Zeitschriftenverlag
GmbH & Co. KG, Mediaprint Zeitungsvertriebs-                                             of 26 November 1998
gesellschaft mbH & Co. KG and Mediaprint
          Anzeigengesellschaft mbH & Co. KG (1)
                                                                     in Case C-370/96 (reference for a preliminary ruling from
(Article 86 of the EC Treaty Ð Abuse of a dominant                   the Diikitiko Efetio Thessalonikis): Covita AVE v. Elliniko
position Ð Refusal of a media undertaking holding a                                     Dimosio (Greek State) (1)
dominant position in the territory of a Member State to
include a rival daily newspaper of another undertaking in            (Regulation (EEC) No 1591/92 Ð Countervailing charge
the same Member State in its newspaper home-delivery                 on cherries originating in Bulgaria Ð Entry in the
                            scheme)                                              accounts Ð Post-clearance recovery)
                        (1999/C 20/12)                                                        (1999/C 20/13)
               (Language of the case: German)
                                                                                     (Language of the case: Greek)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-7/97: Reference to the Court under Article 177
                                                                              published in the European Court Reports)
of the EC Treaty by the Oberlandesgericht Wien (Austria)
in the proceedings pending before that court between
Oscar Bronner GmbH & Co. KG v. Mediaprint Zeitungs-
und Zeitschriftenverlag GmbH & Co. KG, Mediaprint
Zeitungsvertriebsgesellschaft mbH & Co. KG and                       In Case C-370/96, reference to the Court under Article 177
Mediaprint Anzeigengesellschaft mbH & Co. KG Ð for a                 of the EC Treaty by the Diikitiko Efetio Thessalonikis
preliminary ruling on the interpretation of Article 86 of            (Greece) for a preliminary ruling in the proceedings
the EC Treaty Ð the Court (Sixth Chamber), composed                  pending before that court between Covita AVE and
of: P. J. G. Kapteyn, President of the Chamber, J. L.                Elliniko Dimosio (Greek State) Ð on the interpretation of
Murray, H. Ragnemalm, R. Schintgen (Rapporteur) and                  Article 13 of Council Regulation (EEC) No 1430/79 of
K. M. Ioannou, Judges; Advocate-General: F. G. Jacobs;               2 July 1979 on the repayment or remission of import or
Registrar: H. A. Rühl, Principal Administrator, has given a          export duties (OJ L 175, 12.7.1979, p. 1), Article 5(2) of
judgment on 26 November 1998, in which it has ruled:                 Council Regulation (EEC) No 1697/79 of 24 July 1979 on
                                                                     the post-clearance recovery of import duties or export
                                                                     duties which have not been required of the person liable
The refusal by a press undertaking which holds a very                for payment on goods entered for a customs procedure
large share of the daily newspaper market in a Member                involving the obligation to pay such duties (OJ L 197,