CELEX: C1999/086/03
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 21 January 1999 in Joined Cases C-215/96 and C-216/96 (references for a preliminary ruling from the Tribunale di Genova): Carlo Bagnasco and Others v. Banca Popolare di Novara soc. coop. arl (BPN) (C-215/96), Cassa di Risparmio di Genova e Imperia SpA (Carige) (C-216/96) (Competition - Articles 85 and 86 of the EC Treaty - Standard bank conditions for current-account credit facilities and for the provision of general guarantees)

C 86/2                 EN                 Official Journal of the European Communities                                    27.3.1999
accounts presented by the Member States in respect of the            composed of: G. Hirsch (Rapporteur), President of the
expenditure for 1991 of the European Agricultural                    Second Chamber, acting for the President of the Sixth
Guidance and Guarantee Fund (EAGGF), Guarantee                       Chamber, G. F. Mancini, J. L. Murray, H. Ragnemalm and
Section (OJ L 352, 31.12.1994, p. 82), inasmuch as it                K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
refuses to charge to the EAGGF the sum of DEM                        Advocate-General; R. Grass, Registrar, has given a
116 633 582,10 Ð the Court (Sixth Chamber), composed                 judgment on 21 January 1999, in which it has ruled:
of: P. J. G. Kapteyn, President of the Chamber, G. Hirsch
(Rapporteur), H. Ragnemalm, R. Schintgen and K. M.
Ioannou, Judges; A. La Pergola, Advocate-General; H. von             1. Standard bank conditions, in so far as they enable
Holstein, Deputy Registrar, for the Registrar, has given a                banks, in contracts for the opening of a
judgment on 21 January 1999, in which it:                                 current-account credit facility, to change the interest
                                                                          rate at any time by reason of changes occurring in the
                                                                          money market, and to do so by means of a notice
1. Dismisses the action.                                                  displayed on their premises or in such manner as they
                                                                          consider most appropriate, do not have as their object
                                                                          or effect the restriction of competition within the
2. Orders the Federal Republic of Germany to pay the                      meaning of Article 85(1) of the EC Treaty.
     costs.
                                                                     2. Standard bank conditions relating to the provision of
(1) OJ C 137, 3.6.1995.                                                   general guarantees to secure current-account credit
                                                                          facilities, which derogate from the general law
                                                                          concerning guarantees, such as the rules in the main
                                                                          proceedings, are not, taken as a whole, liable to affect
                                                                          trade between Member States within the meaning of
                                                                          Article 85(1) of the EC Treaty.
                JUDGMENT OF THE COURT
                                                                     3. The application of the abovementioned standard bank
                        (Sixth Chamber)                                   conditions does not constitute abuse of a dominant
                      of 21 January 1999                                  position within the meaning of Article 86 of the
                                                                          Treaty.
in Joined Cases C-215/96 and C-216/96 (references for a
preliminary ruling from the Tribunale di Genova): Carlo
                                                                     (1) OJ C 247, 24.8.1996.
Bagnasco and Others v. Banca Popolare di Novara soc.
coop. arl (BPN) (C-215/96), Cassa di Risparmio di
        Genova e Imperia SpA (Carige) (C-216/96) (1)
(Competition Ð Articles 85 and 86 of the EC Treaty Ð
Standard bank conditions for current-account credit
    facilities and for the provision of general guarantees)
                                                                                     JUDGMENT OF THE COURT
                         (1999/C 86/03)
                                                                                             (Fifth Chamber)
                                                                                           of 21 January 1999
                 (Language of the case: Italian)
                                                                     in    Case     C-150/97: Commission of the European
                                                                                  Communities v. Portuguese Republic (1)
  (Provisional translation; the definitive translation will be       (Failure by a Member State to fulfil its obligations Ð
           published in the European Court Reports)                                      Directive 85/337/EEC)
                                                                                              (1999/C 86/04)
In Joined Cases C-215/96 and C-216/96: references to the
Court under Article 177 of the EC Treaty from the Tribu-                            (Language of the case: Portuguese)
nale di Genova (Genoa District Court) (Italy) for a
preliminary ruling in the proceedings pending before that
court between Carlo Bagnasco and Others and Banca
Popolare di Novara soc. coop. arl (BPN) (C-215/96),                    (Provisional translation; the definitive translation will be
Cassa di Risparmio di Genova e Imperia SpA (Carige)                             published in the European Court Reports)
(C-216/96) Ð on the interpretation of Articles 85 and 86
of the EC Treaty in relation to certain standard bank
conditions which the Associazione Bancaria Italiana                  In Case C-150/97: Commission of the European
imposes on its members when contracts are concluded for              Communities (Agent: Francisco de Sousa Fialho) v.
current-account credit facilities and for the provision of           Portuguese Republic (Agents: Luís Fernandes and Pedro
general guarantees Ð the Court (Sixth Chamber),                      Portugal) Ð application for a declaration that, by failing