CELEX: C1999/020/12
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 26 November 1998 in Case C-7/97 (reference for a preliminary ruling from the Oberlandesgericht Wien): Oscar Bronner GmbH & Co. KG v. Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG, Mediaprint Zeitungsvertriebsgesellschaft mbH & Co. KG and Mediaprint Anzeigengesellschaft mbH & Co. KG (Article 86 of the EC Treaty - Abuse of a dominant position - Refusal of a media undertaking holding a dominant position in the territory of a Member State to include a rival daily newspaper of another undertaking in the same Member State in its newspaper home-delivery scheme)

C 20/8                EN                  Official Journal of the European Communities                                    23.1.1999
In so far as he has available a job with the same employer,          State and operates the only nationwide newspaper
a Turkish national in that situation is thus entitled to             home-delivery scheme in that Member State to allow the
demand the renewal of his residence permit in the host               publisher of a rival newspaper, which by reason of its
Member State, even if, pursuant to the legislation of that           small circulation is unable either alone or in cooperation
Member State, the activity pursued by him was restricted             with other publishers to set up and operate its own
to a limited group of persons, was intended to facilitate            home-delivery scheme in economically reasonable
their integration into working life and was financed by              conditions, to have access to that scheme for appropriate
public funds.                                                        remuneration does not constitute the abuse of a dominant
                                                                     position within the meaning of Article 86 of the EC
                                                                     Treaty.
(1) OJ C 74, 8.3.1997.
                                                                     (1) OJ C 74, 8.3.1997.
               JUDGMENT OF THE COURT
                       (Sixth Chamber)
                    of 26 November 1998
                                                                                    JUDGMENT OF THE COURT
in Case C-7/97 (reference for a preliminary ruling from
the Oberlandesgericht Wien): Oscar Bronner GmbH &                                           (Second Chamber)
Co. KG v. Mediaprint Zeitungs- und Zeitschriftenverlag
GmbH & Co. KG, Mediaprint Zeitungsvertriebs-                                             of 26 November 1998
gesellschaft mbH & Co. KG and Mediaprint
          Anzeigengesellschaft mbH & Co. KG (1)
                                                                     in Case C-370/96 (reference for a preliminary ruling from
(Article 86 of the EC Treaty Ð Abuse of a dominant                   the Diikitiko Efetio Thessalonikis): Covita AVE v. Elliniko
position Ð Refusal of a media undertaking holding a                                     Dimosio (Greek State) (1)
dominant position in the territory of a Member State to
include a rival daily newspaper of another undertaking in            (Regulation (EEC) No 1591/92 Ð Countervailing charge
the same Member State in its newspaper home-delivery                 on cherries originating in Bulgaria Ð Entry in the
                            scheme)                                              accounts Ð Post-clearance recovery)
                        (1999/C 20/12)                                                        (1999/C 20/13)
               (Language of the case: German)
                                                                                     (Language of the case: Greek)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-7/97: Reference to the Court under Article 177
                                                                              published in the European Court Reports)
of the EC Treaty by the Oberlandesgericht Wien (Austria)
in the proceedings pending before that court between
Oscar Bronner GmbH & Co. KG v. Mediaprint Zeitungs-
und Zeitschriftenverlag GmbH & Co. KG, Mediaprint
Zeitungsvertriebsgesellschaft mbH & Co. KG and                       In Case C-370/96, reference to the Court under Article 177
Mediaprint Anzeigengesellschaft mbH & Co. KG Ð for a                 of the EC Treaty by the Diikitiko Efetio Thessalonikis
preliminary ruling on the interpretation of Article 86 of            (Greece) for a preliminary ruling in the proceedings
the EC Treaty Ð the Court (Sixth Chamber), composed                  pending before that court between Covita AVE and
of: P. J. G. Kapteyn, President of the Chamber, J. L.                Elliniko Dimosio (Greek State) Ð on the interpretation of
Murray, H. Ragnemalm, R. Schintgen (Rapporteur) and                  Article 13 of Council Regulation (EEC) No 1430/79 of
K. M. Ioannou, Judges; Advocate-General: F. G. Jacobs;               2 July 1979 on the repayment or remission of import or
Registrar: H. A. Rühl, Principal Administrator, has given a          export duties (OJ L 175, 12.7.1979, p. 1), Article 5(2) of
judgment on 26 November 1998, in which it has ruled:                 Council Regulation (EEC) No 1697/79 of 24 July 1979 on
                                                                     the post-clearance recovery of import duties or export
                                                                     duties which have not been required of the person liable
The refusal by a press undertaking which holds a very                for payment on goods entered for a customs procedure
large share of the daily newspaper market in a Member                involving the obligation to pay such duties (OJ L 197,