CELEX: C1998/397/23
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 November 1998 in Case C-352/96: Italian Republic v. Council of the European Union (Action for annulment - Regulation (EC) No 1522/96 - Introduction and administration of certain tariff quotas for imports of rice and broken rice)

C 397/14              EN                  Official Journal of the European Communities                                     19.12.98
     coordination of procedures for the award of public              Regulation (EEC) No 1785/81 of 30 June 1981 on the
     service contracts must be interpreted as meaning that           common organisation of the markets in the sugar sector
     the legislature drew a distinction between needs in the         (OJ L 177, 1.7.1981, p. 4), and Council Regulation (EEC)
     general interest not having an industrial or commercial         No 2225/86 of 15 July 1986 laying down measures for
     character and needs in the general interest having an           the marketing of sugar produced in the French overseas
     industrial or commercial character.                             departments and for the equalisation of the price
                                                                     conditions with preferential raw sugar (OJ L 194,
                                                                     17.7.1986, p. 7) Ð the Court (Fourth Chamber),
2. The term needs in the general interest, not having an            composed of: P. J. G. Kapteyn, President of the Chamber,
     industrial or commercial character' does not exclude            H. Ragnemalm and K. M. Ioannou (Rapporteur), Judges;
     needs which are or can be satisfied by private                  N. Fennelli, Advocate-General; R. Grass, Registrar, has
     undertakings as well.                                           given a judgment on 12 November 1998, in which it has
                                                                     ruled:
3. The status of a body governed by public law is not
     dependent on the relative importance, within its                In an industrial complex that includes:
     business as a whole, of the meeting of needs in the
     general interest not having an industrial or commercial
     character. It is likewise immaterial that commercial            Ð installations which first process sugar beet and extract
     activities may be carried out by a separate legal person             the sugar-bearing liquids, and
     forming part of the same group or concern as it.
                                                                     Ð installations which then convert into white sugar the
4. The second subparagraph of Article 1(b) of Directive                   liquids and syrups in question, which are enriched by
     92/50/EEC must be interperted as meaning that the                    the addition of raw cane sugar from the French
     existence or absence of needs in the general interest                overseas departments,
     not having an industrial or commercial character must
     be appraised objectively, the legal form of the
     provisions in which those needs are mentioned being             the latter installations cannot be regarded, for the
     immaterial in that respect.                                     processing of raw cane sugar from the French overseas
                                                                     departments, either permanently or intermittently, as a
                                                                     production unit' or as a refinery' within the meaning of
(1) OJ C 388, 21.12.1996.
                                                                     the third subparagraph of Article 9(4) of Council
                                                                     Regulation (EEC) No 1785/81 of 30 June 1981 on the
                                                                     common organisation of the markets in the sugar sector,
                                                                     as amended by Council Regulation (EEC) No 1482/85 of
                                                                     23 May 1985.
                JUDGMENT OF THE COURT                                (1) OJ C 294, 5.10.1996.
                       (Fourth Chamber)
                     of 12 November 1998
in Case C-269/96 (reference for a preliminary ruling from
the Tribunal Administratif de Paris): Sucreries et
Raffineries d'Erstein SA v. Fonds d'Intervention et de                              JUDGMENT OF THE COURT
        ReÂgularisation du MarcheÂ du Sucre (FIRS) (1)
                                                                                            (Sixth Chamber)
(Council Regulation (EEC) No 1785/81 and (EEC)
No 2225/86 Ð Aid for the marketing of cane sugar                                         of 12 November 1998
produced in the French overseas departments Ð Concept                in Case C-352/96: Italian Republic v. Council of the
                           of refinery)                                                   European Union (1)
                         (98/C 397/22)                               (Action for annulment Ð Regulation (EC) No 1522/96 Ð
                                                                     Introduction and administration of certain tariff quotas
                 (Language of the case: French)                                   for imports of rice and broken rice)
                                                                                              (98/C 397/23)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                   (Language of the case: Italian)
In Case C-269/96: reference to the Court under Article 177             (Provisional translation; the definitive translation will be
of the EC Treaty from the Tribunal Administratif, Paris                        published in the European Court Reports)
(France) for a preliminary ruling in the proceedings
pending before that court between Sucreries et Raffineries
d'Erstein SA and Fonds d'Intervention et de ReÂgularisation          In Case C-352/96: Italian Republic (Agent: Umberto
du MarcheÂ du Sucre Ð on the interpretation of Council               Leanza, assisted by Danilo Del Gaizo) v. Council of the
 ---pagebreak--- 19.12.98             EN                   Official Journal of the European Communities                                    C 397/15
European Union (Agent: Antonio Tanca) Ð application                  1. Article 1(1) of Council Directive 77/187/EEC of
for the annulment of Council Regulation (EC) No 1522/                     14 February 1977 on the approximation of the laws
96 of 24 July 1996 opening and providing for the                          of the Member States relating to the safeguarding of
administration of certain tariff quotas for imports of rice               employees' rights in the event of transfers of
and broken rice (OJ L 190, 31.7.1996, p. 1), in particular                undertakings, businesses or parts of businesses is to be
Articles 3, 4 and 9 thereof Ð the Court (Sixth Chamber),                  interpreted as meaning that the directive applies where
composed of: P. J. G. Kapteyn, President of the Chamber,                  a company in voluntary liquidation transfers all or
J. L. Murray (Rapporteur), H. Ragnemalm, R. Schintgen                     part of its assets to another company from which the
and K. M. Ioannou, Judges; J. Mischo, Advocate-General;                   worker then takes his orders which the company in
R. Grass, Registrar, has given a judgment on 12 November                  liquidation states are to be carried out.
1998, in which it:
                                                                     2. Article 3(1) of Directive 77/187/EEC does not
1. Dismisses the application;                                             preclude a worker employed by the transferor at the
                                                                          date of the transfer of an undertaking from objecting
                                                                          to the transfer of his contract of employment or
2. Orders the Italian Republic to pay the costs.                          employment relationship to the transferee, provided he
                                                                          decides to do so of his own accord. It is for the
                                                                          national court to determine whether the contract of
(1) OJ C 388, 21.12.1996.
                                                                          employment proposed by the transferee involves a
                                                                          substantial change in working conditions to the
                                                                          detriment of the worker. If it does, Article 4(2) of the
                                                                          directive requires Member States to provide that the
                                                                          employer is to be considered responsible for the
                                                                          termination.
              JUDGMENT OF THE COURT
                                                                     (1) OJ C 40, 8.2.1997.
                      (Second Chamber)
                    of 12 November 1998
in Case C-399/96 (reference for a preliminary ruling from
the Cour du Travail de Bruxelles): EuropieÁces SA, in
liquidation, v. Wilfried Sanders, Automotive Industries
                  Holding Company SA (1)                                            JUDGMENT OF THE COURT
(Social policy Ð Harmonisation of laws Ð Transfers of                                        (Sixth Chamber)
undertakings Ð Safeguarding of workers' rights Ð
Directive 77/187/EEC Ð Scope Ð Transfer of an                                             of 12 November 1998
            undertaking in voluntary liquidation)                    in Case C-415/96: Kingdom of Spain v. Commission of
                        (98/C 397/24)                                                 the European Communities (1)
                                                                     (State aid for undertakings in the textile sector Ð
                                                                     Consequences of an annulling judgment for acts
               (Language of the case: French)                                       preparatory to the act annulled)
                                                                                              (98/C 397/25)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                    (Language of the case: Spanish)
In Case C-399/96: reference to the Court under Article 177
of the EC Treaty from the Cour du Travail de Bruxelles                 (Provisional translation; the definitive translation will be
for a preliminary ruling in the proceedings pending before                     published in the European Court Reports)
that court between EuropieÁces SA, in liquidation, and
Wilfried Sanders, Automotive Industries Holding
Company SA Ð on the interpretation of Council Directive              In Case C-415/96: Kingdom of Spain (Agent: Luis PeÂrez
77/187/EEC of 14 February 1977 on the approximation of               de Ayala Becerril) v. Commission of the European
the laws of the Member States relating to the safeguarding           Communities (Agents: Francisco Santaolalla and Ramón
of employees' rights in the event of transfers of                    Vidal Puig) Ð application for annulment of Commission
undertakings, businesses or parts of businesses (OJ L 61,            Decision 97/242/EC of 18 September 1996 amending
5.3.1977, p. 26) Ð the Court (Second Chamber),                       Decision 92/317/EEC on State aid in favour of Hilaturas y
composed of: G. Hirsch, President of the Chamber, G. F.              Tejidos Andaluces SA, now called MediterraÂneo TeÂcnica
Mancini (Rapporteur) and R. Schintgen, Judges; G.                    Textil SA, and its buyer (OJ L 96, 11.4.1997, p. 30) Ð
Cosmas, Advocate-General; R. Grass, Registrar, has given             the Court (Sixth Chamber), composed of: G. Hirsch
a judgment on 12 November 1998, in which it has ruled:               (Rapporteur), J. L. Murray, H. Ragnemalm and K. M.