CELEX: C1997/142/06
Language: en
Date: 1997-05-10 00:00:00
Title: JUDGMENT OF THE COURT of 18 March 1997 in Case C-343/95 (reference for a preliminary ruling from the Tribunale di Genova): Diego Calì & Figli Srl v. Servizi Ecologici Porto di Genova SpA (SEPG) (Harbour company - Prevention of pollution - Statutory monopoly - Abuse of a dominant position)

10 . 5 . 97             EN                 Official Journal of the European Communities                                  No C 142/3
1 . declares that by maintaining in force Article L 213-1             1 . dismisses the appeals;
     of the Code du Travail prohibiting nightwork by
     women in industry whereas no such prohibition exists
     in relation to men, the French Republic has failed to
     fulfil its obligations under Article 5 (1 ) of Council           2 . orders Guérin Automobiles and the Commission of the
     Directive 76/207/EEC of 9 February 1976 on the                        European Communities to bear their own costs.
     implementation of the principle of equal treatment for
     men and women as regards access to employment,
                                                                      (') OJ No C 268 , 14 . 10 . 1995 .
     vocational training and promotion, and working
     conditions:
2 . orders the French Republic to pay the costs.
                                                                                    JUDGMENT OF THE COURT
(') OJ No C 233 , 10 . 8 . 1996 .
                                                                                             of 18 March 1997
                                                                      in Case C-343/95 (reference for a preliminary ruling from
                                                                      the Tribunale di Genova): Diego Cali & Figli Srl v. Servizi
                                                                               Ecologici Porto di Genova SpA ( SEPG) (')
                                                                      (Harbour company — Prevention of pollution — Statutory
                                                                              monopoly — Abuse of a dominant position)
                JUDGMENT OF THE COURT
                                                                                                 ( 97/C 142/06
                        of 18 March 1997
in Case C-282/95 P: Guérin Automobiles v. Commission
                of the European Communities (')                                       (Language of the case: Italian)
(Appeal — Competition — Complaint — Action for
failure to act — Notification under Article 6 of Regulation
No 99/63/EEC — Definition of a position terminating the
                                                                        (Provisional translation; the definitive translation will be
         failure to act — Cross-appeal limited to costs)
                                                                               published in the European Court Reports)
                           ( 97/C 142/05 )
                                                                      In Case C-343/95 : reference to the Court under Article 177
                                                                      of the EC Treaty from the Tribunale di Genova ( Italy) for
                  (Language of the case: French)                      a preliminary ruling in the proceedings pending before
                                                                      that court between Diego Call & Figli Sri and Servizi Eco­
                                                                      logici Porto di Genova SpA ( SEPG ), on the interpretation
                                                                      of Article 86 of the EC Treaty — the Court, composed of:
                                                                      G. C. Rodriguez Iglesias, President, G. F. Mancini, J. L.
  (Provisional translation; the definitive translation will be        Murray and L. Sevón, Presidents of Chambers, C. N.
           published in the European Court Reports)                   Kakouris, P. J. G. Kapteyn ( Rapporteur), C. Gulmann,
                                                                      D. A. O. Edward, J. -P. Puissochet, H. Ragnemalm and M.
                                                                      Wathelet, Judges; G. Gosmas, Advocate-General; L.
                                                                      Hewlett, Administrator, for the Registrar, has given a
In Case C-282/95 P: Guérin Automobiles ( represented by               judgment on 18 March 1997, in which it has ruled:
Jean-Claude Fourgoux), an appeal against the judgment of
the Court of First Instance of the European Communities
in Case T-186/94 ([ 1995 ] ECR 11-1753 ), seeking to have
that judgment set aside, the other party to the proceedings           Article 86 of the EC Treaty must be interpreted as not
being the Commission of the European Communities                      being applicable to anti-pollution surveillance with which
(Agents: Giuliano Marenco and Francisco Enrique                       a body governed by private law has been entrusted by the
Gonzalez-Diaz ), the Court, composed of: G. C. Rodriguez              public authorities in an oil port of a Member State, even
Iglesias, President, G. F. Mancini, J. C. Moitinho de                 where port users must pay dues to finance that activity.
Almeida and J. L. Murray, Presidents of Chambers, C.         N.
Kakouris, P. J. G. Kapteyn, C. Gulmann, D. A.                O.       (') OJ No C 351 , 30 . 3 . 1995 .
Edward, J. -P. Puissochet, G. Hirsch, P. Jann,               H.
Ragnemalm and M. Wathelet ( Rapporteur ), Judges;            G.
Tesauro, Advocate-General; R. Grass, Registrar, has given
a judgment on 18 March 1997, in which it: