CELEX: C2000/233/06
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court of 16 May 2000 in Case C-83/98 P: French Republic v Ladbroke Racing Ltd and Commission of the European Communities (Appeal — Competition — State aid)

12.8.2000                EN                       Official Journal of the European Communities                                     C 233/3
to 143 EC), the Court, composed of: G.C. Rodriguez Iglesias,                                  JUDGMENT OF THE COURT
President, J.C. Moitinho de Almeida, D.A.O. Edward and
R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn (Rappor-
teur), J.-P. Puissochet, G. Hirsch, P. Jann and H. Ragnemalm,
Judges, Advocate General: P. Léger, Registrar: L. Hewlett, Admi-                                     of 16 May 2000
nistrator, for the Registrar, gave a judgment on 16 May 2000,
the operative part of which is as follows:
                                                                             in Case C-83/98 P: French Republic v Ladbroke Racing
1.    Community law does not preclude a national procedural rule                Ltd and Commission of the European Communities (1)
      which requires that a claim for membership of an occupational
      pension scheme (from which the right to pension benefits flows)
      must, if it is not to be time-barred, be brought within six
      months of the end of the employment to which the claim relates,
      provided, however, that that limitation period is not less                          (Appeal — Competition — State aid)
      favourable for actions based on Community law than for those
      based on domestic law.
                                                                                                     (2000/C 233/06)
2.    Community law precludes a national procedural rule which
      provides that a claimant’s pensionable service is to be calculated
      only by reference to service after a date falling no earlier than
      two years prior to the date of claim.
                                                                                                (Language of the case: English)
3.    An action alleging infringement of a statute such as the Equal
      Pay Act 1970 does not constitute a domestic action similar to
      an action alleging infringement of Article 119 of the EC Treaty
      (Articles 117 to 120 of the EC Treaty have been replaced by            In Case C-83/98 P: French Republic (Agents: K. Rispal-
      Articles 136 EC to 143 EC).                                            Bellanger, F. Million and J.-M. Belorgey) — Appeal against the
                                                                             judgment of the Court of First Instance of the European
                                                                             Communities (Second Chamber, Extended Composition) of
4.    In order to determine whether a right of action available under        27 January 1998 in Case T-67/94 Ladbroke Racing v Commis-
      domestic law is a domestic action similar to proceedings to give       sion [1998] ECR II-1, seeking to have that judgment set aside
      effect to rights conferred by Article 119 of the Treaty, the           in part, the other parties to the proceedings being: Ladbroke
      national court must consider whether the actions concerned are         Racing Ltd, established in London, represented by C. Vajda QC
      similar as regards their purpose, cause of action and essential        and S. Kon, Solicitor, with an address for service in Luxem-
      characteristics.                                                       bourg at the Chambers of Arendt and Medernach, 9-10 Rue
                                                                             Mathias Hardt, and Commission of the European Communities
                                                                             (Agents: G. Rozet and J. Flett) the Court, composed of:
5.    In order to decide whether procedural rules are equivalent, the        G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      national court must verify objectively, in the abstract, whether       D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of
      the rules at issue are similar taking into account the role played     Chambers), P.J.G. Kapteyn (Rapporteur), J.-P. Puissochet,
      by those rules in the procedure as a whole, as well as the             G. Hirsch, P. Jann, H. Ragnemalm and V. Skouris, Judges;
      operation of that procedure and any special features of those          G. Cosmas, Advocate General; R. Grass, Registrar, has given a
      rules.                                                                 judgment on 16 May 2000, in which it:
6.    Community law precludes a procedural rule which has the effect         1.    Dismisses the appeal;
      of requiring a claim for membership of an occupational pension
      scheme (from which the right to pension benefits flows) to be
      brought within six months of the end of each contract of               2.    Orders the French Republic to pay the costs.
      employment to which the claim relates where there has been a
      stable employment relationship resulting from a succession of
      short-term contracts concluded at regular intervals in respect of
      the same employment to which the same pension scheme
      applies.                                                               (1) OJ C 209 of 4.7.1998.
(1) OJ C 184 of 13.6.1998.