CELEX: C1999/121/19
Language: en
Date: 1999-05-01 00:00:00
Title: Case C-59/99: Action brought on 19 February 1999 by the Commission of the European Communities against 1. Manuel Pereira Roldão & Filhos, Lda.; 2. Instituto Superior Técnico; and 3. King, Taudevin & Gregson (Holdings) Ltd

C 121/10               EN                       Official Journal of the European Communities                                        1.5.1999
4. If the second question is to be answered in the affirmative,                compatible with Articles 73b and 52 of the EC Treaty,
     does the fact that in December 1995 the Netherlands                       such a procedure must be justified by overriding consider-
     programme for combating Aujeszky’s disease in pigs was                    ations in the public interest and based on criteria which
     approved by the European Commission for 1996 have any                     are objective, fixed and public, so that the discretion
     bearing on the question whether Article 2(1) of the                       enjoyed by the national authorities is reduced to a
     Veordening Bestrijding Ziekte van Aujeszky is applicable                  minimum.
     to the present case? If so, what bearing does it have?
                                                                           c) In the context of the privatisation of ENI and Telecom
(1) Council Directive 83/189/EEC of 28 March 1983 laying down a                Italia, the Commission maintains that the introduction of
    procedure for the provision of information in the field of technical       special powers is not justified. The Italian authorities
    standards and regulations (OJ L 109, 26.4.1983, p. 8).                     should have been able to meet their needs with order
                                                                               provisions which did not involve the compulsory limi-
                                                                               tation of property rights and were accordingly less restric-
                                                                               tive of the freedoms at issue.
Action brought on 19 February 1999 by the Commission
of the European Communities against the Italian Republic
                          (Case C-58/99)
                                                                           Action brought on 19 February 1999 by the Commission
                         (1999/C 121/18)                                   of the European Communities against 1. Manuel Pereira
                                                                           Roldão & Filhos, Lda.; 2. Instituto Superior Técnico; and
                                                                                   3. King, Taudevin & Gregson (Holdings) Ltd
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 19 February
1999 by the Commission of the European Communities,                                                 (Case C-59/99)
represented by Antonio Aresu and Maria Patakia of its Legal
Service, acting as Agents, with an address for service in                                          (1999/C 121/19)
Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
Centre, Kirchberg.                                                         An action against 1. Manuel Pereira Roldão & Filhos, Lda.; 2.
                                                                           Instituto Superior Técnico; and 3. King, Taudevin & Gregson
The applicant claims that the Court should:                                (Holdings) Ltd was brought before the Court of Justice of
                                                                           the European Communities on 19 February 1999 by the
— declare that, by adopting Articles 1(5) and 2 of the                     Commission of the European Communities, represented by
     consolidated text of Decree Law No 332 of 31 May 1994,                Francisco de Sousa Fialho, of its Legal Service, and by Olivier
     converted with amendments into Law No 474 of 30 July                  Couvert-Castéra, a national civil servant on secondment to its
     1994, and the decrees concerning certain special powers               Legal Service, acting as Agents, with an address for service in
     in relation to the privatisation of ENI and Telecom Italia,           Luxembourg at the office of Carlos Gómez de la Cruz, of its
     the Italian Republic has failed to fulfil its obligations under       Legal Service, Wagner Centre, Kirchberg.
     Articles 52, 59 and 73b of the EC Treaty;
— order the Italian Republic to pay the costs of the proceed-              The applicant claims that the Court should order the defend-
     ings.                                                                 ants to pay EUR 357 813, together with EUR 185 833,78 by
                                                                           way of interest until 1 January 1999, plus any interest accrued
                                                                           until full repayment is actually made; and the costs of these
Pleas in law and main arguments adduced in support:                        proceedings.
a) The sentence in Article 1(5) of the consolidated text which
     provides that certain work may be undertaken only by                  Pleas in law and main arguments adduced in support:
     individual professionals who have been registered as
     provided for by statute for at least five years is incompatible       This action has been brought under Article 181 of the EC
     with Articles 59 and 52 of the EC Treaty, in so far as it             Treaty seeking repayment of money paid in advence under a
     unlawfully excludes any professional legally operating in             contract in terms of which the European Community under-
     other Member States or whose establishment in Italy took              took to give financial assistance to the first applicant to enable
     place recently.                                                       him to install a low-cost, moderate pollution tank for the
                                                                           melting of lead crystal, as part of the promotion of energy
                                                                           technology in Europe (thermie programme) provided for by
b) Article 2 of the consolidated text, which confers special               Council Regulation (EEC) No 2008/90 (1). That contract was
     powers on the Treasury Minister, places a restriction on              terminated by the applicant on the ground of breach of
     freedom of movement for persons and on the right of                   contract by the defendants.
     establishment.
     The procedure for the authorisation of significant share              (1) OJ L 185, 17.7.1990, p. 1.
     purchases by investors and of agreements between share-
     holders gives the national authorities a power to discrimi-
     nate which they may use arbitrarily. In order to be