CELEX: C1997/131/04
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT of 11 March 1997 in Case C-357/95 P: Empresa Nacional de Urânio SA (ENU) v. Commission of the European Communities (Appeal - EAEC - Supply - Right of option and exclusive right of the Euratom Supply Agency to conclude contracts for the supply of ores, source materials and special fissile materials - Infringement of the rules of the Treaty - Community preference - Principles of good faith and legitimate expectations - Non-contractual liability)

No C 131 /2                 EN                 Official Journal of the European Communities                                      26 . 4 . 97
interpretation of Council Directive 77/187/EEC of                         with an address for service in Luxembourg at the
14 February 1977 on the approximation of the laws of the                  Chambers of Aloyse May, 31 Grand-rue — the Court,
Member States relating to the safeguarding of employees '                 composed of: G. C. Rodriguez Iglesias, President, G. F.
rights in the event of transfers of undertakings, businesses              Mancini, J. C. Moitinho de Almeida and J. L. Murray
or parts of businesses ( 2 ) — the Court, composed of: G. C.              ( Presidents of Chambers ), P. J. G. Kapteyn, C. Gulmann,
Rodriguez Iglesias, President, J. C. Moitinho de Almeida,                 D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann
J. L. Murray and L. Sevón ( Presidents of Chambers ),                     ( Rapporteur ) and M. Wathelet, Judges; C. O. Lenz,
P. J. G. Kapteyn, C. Gulmann, D. A. O. Edward, J. -P.                     Advocate-General; R. Grass, Registrar, has given a
Puissochet ( Rapporteur), G. Hirsch, P. Jann and H.                       judgment on 11 March 1997, in which it:
Ragnemalm, Judges; A. La Pergola, Advocate-General; D.
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 11 March 1997, in                      1 . Dismisses the appeal.
which it has ruled :
                                                                          2 . Orders the Commission to pay the costs.
Article 1 (1 ) of Council Directive 77/187/EEC of
 14 February 1977 on the approximation of the laws of the                 C ) OJ No C 248 , 23 . 9 . 1995 , p . 10 .
Member States relating to the safeguarding of employees '
rights in the event of transfers of undertakings, businesses
or parts of businesses is to be interpreted as meaning that
the Directive does not apply to a situation in which a
person who had entrusted the cleaning of his premises to a
first undertaking terminates his contract with the latter
and, for the performance of similar work, enters into a                                   JUDGMENT OF THE COURT
new contract with a second undertaking, if there is no                                            of 11 March 1997
 concomitant transfer from one undertaking to the other of
significant tangible or intangible assets or taking over by               in Case C-357/95 P: Empresa Nacional de Urânio SA
 the new employer of a major part of the workforce, in                        (ENU ) v. Commission of the European Communities (')
 terms of their numbers and skills, assigned by his                        (Appeal — EAEC — Supply — Right of option and
predecessor to the performance of the contract.                            exclusive right of the Euratom Supply Agency to conclude
                                                                           contracts for the supply of ores, source materials and
 (') OJ No C 54, 4 . 3 . 1995 , p . 12 .                                   special fissile materials — Infringement of the rules of the
 ( 2 ) OJ No L 61 , 5 . 3 . 1977, p . 26 .                                 Treaty — Community preference — Principles of good
                                                                           faith and legitimate expectations — Non-contractual
                                                                                                          liability)
                                                                                                      ( 97/C 131/04 )
                  JUDGMENT OF THE COURT                                                  (Language of the case: Portuguese)
                             of 11 March 1997
 in Case C-264/95 P: Commission of the European                               (Provisional translation; the definitive translation will be
 Communities v. Union Internationale des chemins de fer                              published in the European Court Reports)
                                   (UIC) n
  (Appeal — Competition — Transport by rail — Legal                        In Case C-357/95 P: Empresa Nacional de Urânio SA
    basis for a decision — Regulation No 1017/68 — Scope)                   (ENU), a company incorporated under Portuguese law,
                               ( 97/C 131 /03                              established at Urgeiriça, Nelas (Portugal ), represented by
                                                                           João Mota de Campos and João Luis dos Reis Mota de
                                                                            Campos, of the Lisbon Bar, with an address for service in
                   (Language of the case: French)                           Luxembourg at the office of Joaquim Calvo Basáran,
                                                                            34 boulevard Ernest Feltgen — appeal against the
                                                                            judgment of the Court of First Instance ( Second Chamber,
      (Provisional translation; the definitive translation will be
                                                                            Extended Composition) of 15 September 1995 in Joined
             published in the European Court Reports)                       Cases T-458/93 and T-523/93 ENU v. Commission [ 19951
                                                                            ECR 11-2459 , seeking to have that judgment set aside, the
  In Case C-264/95 P: Commission of the European                            other party to the proceedings being: Commission of the
  Communities (Agent: Giuliano Marenco ) — appeal                           European Communities ( Agents : Antonio Caeiro and
  against the judgment of the Court of First Instance (Third                Jürgen Grunwald ) — the Court, composed of: G. C.
  Chamber, Extended Composition ) of 6 June 1995 in Case                    Rodriguez Iglesias, President, G. F. Mancini, J. L. Murray
  T- 14/93     Union internationale        des chemins    de  fer v.        and L. Sevón ( Presidents of Chambers ), C. N. Kakouris,
  Commission [ 1995] ECR 11-1503 , seeking to have that                     D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, H.
  judgment set aside, the other party to the proceedings                    Ragnemalm and M. Wathelet ( Rapporteur ), Judges; N.
  being: Union internationale des chemins de fer (UIC ), an                 Fennelly, Advocate-General; H. A. Rühl, Principal
  association of railway companies, having its head office in               Administrator, for the Registrar, has given a judgment on
  Paris, represented by Chantal Momége, of the Paris Bar,                    11 March 1997, in which it:
 ---pagebreak--- 26 . 4 . 97                                   Official Journal of the European Communities                                  No C 131 /3
 1 . Dismisses the appeal.                                                                  ORDER OF THE COURT
                                                                                                 (Second Chamber )
2 . Orders the appellant to pay the costs.                                                      of 5 February 1997
                                                                         in Case C-51/95 P: Unifruit Hellas EPE v. Commission of
(') OJ No C 16, 20 . 1 . 1996 , p. 6 .                                                   the European Communities (')
                                                                         (Appeal — Non-contractual liability — Special
                                                                         surveillance measures concerning imports of apples —
                                                                         Countervailing charge — Applied concurrently —
                                                                         Products in transit to the Community — Principle of the
                                                                                      protection of legitimate expectations)
                JUDGMENT OF THE COURT                                                                 ( 97/C 131 /06 )
                         ( Second Chamber)
                        of 13 March 1997                                                  (Language of the case: Greek)
in Case C-109/95 (reference for a preliminary ruling made
by the Polimeles Protodikio, Athens ): Astir AE v. the                     (Provisional translation; the definitive translation will be
                            Greek State ( 1 )                                     published in the European Court Reports)
(Export refunds for agricultural products — Loss of goods
   in transit by reason of force majeure — Variable refund)              In Case C-51/95 P: Unifruit Hellas EPE, a company
                                                                         governed by Greek law, established in Athens, represented
                            ( 97/C 131 /05 )                             by Ilias Soufleros, of the Athens Bar, with an address for
                                                                         service in Luxembourg at the Chambers of Aloyse May,
                                                                         31 Grand-rue — appeal against the judgment of the Court
                  (Language of the case: Greek)                          of First Instance of the European Communities (Third
                                                                         Chamber ) of 15 December 1994 in Case T-489/93
                                                                         Unifruit Hellas v. Commission [ 1994] ECR 11-1201 ,
   (Provisional translation; the definitive translation will be          seeking to have that judgment set aside, the other party to
          published in the European Court Reports)                       the proceedings being Commission of the European
                                                                         Communities (Agents: Xenophon Yataganas and
                                                                         Theofanis Christoforou ) — the Court ( Second Chamber ),
In Case C-109/95 : reference to the Court pursuant to
Article 177 of the EC Treaty by the Polimeles Protodikio,                composed of G. F. Mancini , President of the Chamber, G.
Athens, for a preliminary ruling in the proceedings                      Hirsch ( Rapporteur ) and R. Schintgen, Judges; A. La
pending before that court between Astir AE and the Greek                 Pergola, Advocate-General ; R. Grass, Registrar, made an
State — on the interpretation of Articles 10 (4 ), 20 and 21             order on 5 February 1997, the operative part of which is
                                                                         as follows :
of Commission Regulation (EEC ) No 2730/79 of
29 November 1979 laying down common detailed rules
for the application of the system of export refunds on                   1 . The appeal is dismissed.
agricultural products (2) — the Court ( Second Chamber),
composed of: G. F. Mancini, President of the Chamber, G.                 2 . The applicant shall bear the costs.
Hirsch ( Rapporteur) and J. L. Murray, Judges; M. B.
Elmer,       Advocate-General;            D.  Louterman-Hubeau,
                                                                         (') OJ No C 119 , 13 . 5 . 1995 , p . 5 .
Principal Administrator, for the Registrar, has given a
judgment on 13 March 1997, the operative part of which
is as follows :
Articles 10 (4), 20 and 21 of Commission Regulation
(EEC) No 2730179 of 29 November 1979 laying down                         Action on 14 February 1997 by the Commission of the
common detailed rules for the application of the system of               European Communities against Cascina Laura SAS di
export refunds on agricultural products must be                          Aldo Delbo e C. and Gariboldi Engineering Company SRL
interpreted as meaning that a trader is not entitled to an
                                                                                                    ( Case C-65/97)
export refund where the product concerned has perished
in transit as a result of force majeure, after leaving the                                            ( 97/C 131 /07 )
geographical territory of the Community, and where the
same rate of refund has been fixed for all non-member
countries, with the exception of one single country, for                 An action against Cascina Laura SAS Aldo Delbo e C. ,
which no refund has been fixed.                                          whose registered office is in Novara ( Italy), and Gariboldi
                                                                         Engineering Company SRL, whose registered office is in
                                                                         Milan (Italy ), was brought before the Court of Justice of
H OJ No C 137, 3 . 6 . 1995 , p . 14 .
( 2 ) OJ No L 317, 12 . 12 . 1979 , p . 1 .                              the European Communities on 14 February 1997 by the
                                                                         Commission of the European Communities, represented
                                                                         by Paolo Stancanelli of its Legal Service and Jean-Francis
                                                                         Pasquier, a national civil servant on detachment to that