CELEX: C1996/247/20
Language: en
Date: 1996-08-24 00:00:00
Title: Reference for a preliminary ruling by the Tribunale di Genova by order of that court of 18 June 1996 EDIS-Edilizia Industriale Siderurgica Srl (formerly EDIS SpA) v. Ministero delle Finanze (Case C-231/96)

No C 247/ 10           EN                 Official Journal of the European Communities                                      24 . 8 . 96
 3 . Whether the NBU laid down by the ABI for its members                      points 8 and 9 of the Annex thereto, save in respect of
      in relation to the 'all-embracing' guarantee covering the                mercury and lead,
      credit facility — since they are applied in a uniform and
      binding manner by the member banks — are, taken as a            — order the Italian Republic to pay the costs of the
      whole, compatible with Article 85 of the Treaty, in                  proceedings .
      relation to the individual clauses discussed in the
      grounds of this order, in that they are liable adversely to
      affect trade between the Member States and have as              Pleas in law and main arguments adduced in support:
      their object and effect the prevention , restriction or
      distortion of competition within the Common                     Article 189 of the EC Treaty, in providing that a directive is
      Market;                                                         binding, as to the result to be achieved, upon the Member
                                                                      State to which it is addressed , places Member States under
4 . What effects any finding of incompatibility in                    an obligation to comply with the time-limits set by directives
      accordance with point 3 may have on the corresponding           for their implementation . In the present case, when the
     clauses of the ' all-embracing' guarantee agreements and         time-limit expired on 5 November 1981 , the Italian
     on the agreements themselves concluded 'downstream '             Republic had not adopted the measures necessary to comply
                                                                      in full with Directive 79/923/EEC .
      by individual banks, since, as a group, the banks
      belonging to the ABI may be regarded , within the
     meaning and for the purposes of Article 86 of the Treaty,        (') OJ No L 281 , 10 . 11 . 1979 , p . 47 .
     as holding a joint dominant position in the national
     credit market, whose specific application of the rules in
     question is regarded as an abuse .
(') Associazione Bancaria Italiana .
                                                                     Reference for a preliminary ruling by the Tribunale di
                                                                     Genova by order of that court of 1 8 June 1 996 EDIS-Edilizia
                                                                     Industriale Siderurgica Sri ( formerly EDIS SpA ) v. Ministero
                                                                                                  delle Finanze
                                                                                               ( Case C-231 /96 )
Action brought on 28 June 1996 by the Commission of the                                          ( 96/C 247/20 )
    European Communities against the Italian Republic
                         ( Case C-225/96 )                           Reference has been made to the Court of Justice of the
                           ( 96/C 247/19 )                           European Communities by order of 18 June 1996 of the
                                                                     Tribunale di Genova ( District Court, Genoa ), which was
                                                                     received at the Court Registry on 8 July 1996 , for a
An action against the Italian Republic was brought before            preliminary ruling in the case of EDIS-Edilizia Industriale
the Court of Justice of the European Communities on                  Siderurgica Sri ( formerly EDIS SpA ) v. Ministero delle
28 June 1996 by the Commission of the European                       Finanze on the following questions :
Communities, represented by Antonio Aresu of its Legal
Service, acting as Agent, with an address for service in             1 . For the purposes of amplifying and clarifying the ruling
Luxembourg at the office of Carlos Gomez de la Cruz, also                 given in the judgment of 20 April 1 993 in Joined Cases
of the Legal Service, Wagner Centre, Kirchberg .                          C-71 /91 and C-178/91 Ponente Carni SpA v.
                                                                          Amministrazione delle Finanze dello Stato ('), must the
The applicant claims that the Court should :                              provisions of the Treaty be interpreted as precluding the
                                                                          introduction and/or the retention by a Member State of
                                                                          a national provision such as that introduced by the
— declare that the Italian Republic has failed to fulfil its
                                                                          Italian legislature in paragraph 2 of Article 13 of Decree
     obligations under the EC Treaty, by :
                                                                          No 641 of the President of the Republic of 26 October
                                                                          1972 where the effect of the application of that
     — not designating waters as needing protection or                    provision is to limit the temporal effects of a judgment
         improvement in order to support shellfish life and               given by the Court of Justice ?
         growth, in accordance with Article 4 of Directive
         79/923/EEC ('), and/or not communicating such               2 . Is Article 5 of the EC Treaty, as interpreted in the
         designations to the Commission , pursuant to                     Court's case-law, compatible with a national provision
         Article 13 of that Directive,
                                                                          ( Article 1 3 of Presidential Decree No 641 /72 ), which, as
                                                                          regards the procedural rules relating to judicial actions
     — not establishing programmes for the reduction of                   seeking to secure repayment of charges paid in breach of
         pollution, in accordance with Article 5 of Directive             Council Directive 69/335/EEC ( 2 ), provides for a
         79/923/EEC ,                                                     three-year prescription period running from the date of
                                                                          payment, where such prescription period is not laid
     — not setting values, in accordance with Article 3 of                down by national law for claims for the recovery of sums
         Directive 79/923/EEC, for the parameters listed at               undulv paid as between private persons ?
 ---pagebreak--- 24 . 8 . 96              EN                   Official Journal of the European Communities                               No C 247/ 11
3 . If the answer to the preceding question is in the                          Removal from the register of Case C-306/95 ( )
      affirmative, the Court of Justice is asked to rule whether                                  ( 96/C 247/21 )
      the Community legal order is compatible with a national
      provision which provides that a prescription period
      should start to run ( to the detriment of a citizen of a
      Member State relying on the provisions of a directive in           By order of 29 April 1996 , the President of the Court of
      order to obtain repayment of a charge which was unduly             Justice of the European Communities ordered the removal
      collected ) before that directive was correctly transposed         from the register of Case C-306/95 : Commission of the
      into national law .                                                European Communities v. United Kingdom of Great Britain
                                                                         and Northern Ireland .
(!) 1993 | ECR 1-1915 .
( 2 ) O } No L 249 , 3 . 10 . 1969 , p . 25 .
                                                                         (') OJ No C 299 , 11 . 11 . 1995 .
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                            of 5 June 1996                                                       of 6 June 1996
in Case T-398/94 : Kahn Scheepvaart BV v. Commission of                  in Case T-262/94 : Jean Baiwir v. Commission of the
                   the European Communities ( 1 )                                          European Communities ( ' )
(State aid — Shipbuilding — General aid scheme — Action                  (Officials — Plea of illegality — Consistency between the
                 for annulment — Admissibility)                          complaint and the application — New method of assessing
                             ( 96/C 247/22 )                             careerprofiles for Categories B, C and D at the Commission
                                                                         — List of officials considered most deserving ofpromotion
                                                                         — Articles 5 (3) and 45 of the StaffRegulations — Principle
                                                                         of non-discrimination — Manifest errors of assessment of
                  (Language of the case: English)                                    fact and law — Action for damages)
                                                                                                  ( 96 /C 247/23 )
In Case T-398/94 : Kahn Scheepvaart BV, established in
Rotterdam ( Netherlands ), represented by Thomas Jestaedt,
Rechtsanwalt, Düsseldorf, and Tom R. Ottervanger, of the
Rotterdam Bar, with an address for service in Luxembourg                                (Language of the case: French)
at the Chambers of Carlos Zeyen , 67 Rue Ermesinde, v.
Commission of the European Communities ( Agents: Paul
Nemitz and Jean-Paul Keppenne ) — application for
annulment of the Commission 's decision of 25 October
 1994 authorizing for 1994 a German aid scheme for
shipbuilding — the Court of First Instance ( Third Chamber,              In Case T-262/94 : Jean Baiwir, an official of the
Extended Composition ), composed of C. P. Briët, President,              Commission of the European Communities , residing at
B. Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke, Judges;             Court-Saint-Etienne ( Belgium ), represented by Georges
J. Palacio Gonzalez, Administrator, for the Registrar, has               Vandersanden , of the Brussels Bar, with an address for
given a judgment on 5 June 1996 , in which it:                           service in Luxembourg at the offices of Fiduciaire Myson
                                                                         Sari, 1 Rue Glesener v. Commission of the European
                                                                         Communities ( Agents : first, Joseph Griesmar, then Julian
 1 . dismisses the application as inadmissible;                          Currall , both assisted by Denis Waelbroeck ) — application
                                                                         for annulment of the list of officials considered most
                                                                         deserving of promotion to Grade B 4 under the 1993
2 . orders the applicant to pay the costs.                               promotion procedure in so far as it does not contain the
                                                                         applicant's name, reinstatement of the applicant in his
                                                                         career as an official in Grade B 4/2 with effect from
(') OJ No C 400 , 31 . 12 . 1994 .
                                                                          1 January 1993 and compensation for the non-material
                                                                         damage suffered — the Court of First Instance ( Fourth
                                                                         Chamber ), composed of K. Lenaerts, President, P. Lindh
                                                                         and J. D. Cooke , Judges; B. Pastor, Principal Administrator,
                                                                         for the Registrar, gave a judgment on 6 June 1996 , the
                                                                         operative part of which is as follows: