CELEX: C1999/086/04
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 21 January 1999 in Case C-150/97: Commission of the European Communities v. Portuguese Republic (Failure by a Member State to fulfil its obligations - Directive 85/337/EEC)

C 86/2                 EN                 Official Journal of the European Communities                                    27.3.1999
accounts presented by the Member States in respect of the            composed of: G. Hirsch (Rapporteur), President of the
expenditure for 1991 of the European Agricultural                    Second Chamber, acting for the President of the Sixth
Guidance and Guarantee Fund (EAGGF), Guarantee                       Chamber, G. F. Mancini, J. L. Murray, H. Ragnemalm and
Section (OJ L 352, 31.12.1994, p. 82), inasmuch as it                K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
refuses to charge to the EAGGF the sum of DEM                        Advocate-General; R. Grass, Registrar, has given a
116 633 582,10 Ð the Court (Sixth Chamber), composed                 judgment on 21 January 1999, in which it has ruled:
of: P. J. G. Kapteyn, President of the Chamber, G. Hirsch
(Rapporteur), H. Ragnemalm, R. Schintgen and K. M.
Ioannou, Judges; A. La Pergola, Advocate-General; H. von             1. Standard bank conditions, in so far as they enable
Holstein, Deputy Registrar, for the Registrar, has given a                banks, in contracts for the opening of a
judgment on 21 January 1999, in which it:                                 current-account credit facility, to change the interest
                                                                          rate at any time by reason of changes occurring in the
                                                                          money market, and to do so by means of a notice
1. Dismisses the action.                                                  displayed on their premises or in such manner as they
                                                                          consider most appropriate, do not have as their object
                                                                          or effect the restriction of competition within the
2. Orders the Federal Republic of Germany to pay the                      meaning of Article 85(1) of the EC Treaty.
     costs.
                                                                     2. Standard bank conditions relating to the provision of
(1) OJ C 137, 3.6.1995.                                                   general guarantees to secure current-account credit
                                                                          facilities, which derogate from the general law
                                                                          concerning guarantees, such as the rules in the main
                                                                          proceedings, are not, taken as a whole, liable to affect
                                                                          trade between Member States within the meaning of
                                                                          Article 85(1) of the EC Treaty.
                JUDGMENT OF THE COURT
                                                                     3. The application of the abovementioned standard bank
                        (Sixth Chamber)                                   conditions does not constitute abuse of a dominant
                      of 21 January 1999                                  position within the meaning of Article 86 of the
                                                                          Treaty.
in Joined Cases C-215/96 and C-216/96 (references for a
preliminary ruling from the Tribunale di Genova): Carlo
                                                                     (1) OJ C 247, 24.8.1996.
Bagnasco and Others v. Banca Popolare di Novara soc.
coop. arl (BPN) (C-215/96), Cassa di Risparmio di
        Genova e Imperia SpA (Carige) (C-216/96) (1)
(Competition Ð Articles 85 and 86 of the EC Treaty Ð
Standard bank conditions for current-account credit
    facilities and for the provision of general guarantees)
                                                                                     JUDGMENT OF THE COURT
                         (1999/C 86/03)
                                                                                             (Fifth Chamber)
                                                                                           of 21 January 1999
                 (Language of the case: Italian)
                                                                     in    Case     C-150/97: Commission of the European
                                                                                  Communities v. Portuguese Republic (1)
  (Provisional translation; the definitive translation will be       (Failure by a Member State to fulfil its obligations Ð
           published in the European Court Reports)                                      Directive 85/337/EEC)
                                                                                              (1999/C 86/04)
In Joined Cases C-215/96 and C-216/96: references to the
Court under Article 177 of the EC Treaty from the Tribu-                            (Language of the case: Portuguese)
nale di Genova (Genoa District Court) (Italy) for a
preliminary ruling in the proceedings pending before that
court between Carlo Bagnasco and Others and Banca
Popolare di Novara soc. coop. arl (BPN) (C-215/96),                    (Provisional translation; the definitive translation will be
Cassa di Risparmio di Genova e Imperia SpA (Carige)                             published in the European Court Reports)
(C-216/96) Ð on the interpretation of Articles 85 and 86
of the EC Treaty in relation to certain standard bank
conditions which the Associazione Bancaria Italiana                  In Case C-150/97: Commission of the European
imposes on its members when contracts are concluded for              Communities (Agent: Francisco de Sousa Fialho) v.
current-account credit facilities and for the provision of           Portuguese Republic (Agents: Luís Fernandes and Pedro
general guarantees Ð the Court (Sixth Chamber),                      Portugal) Ð application for a declaration that, by failing
 ---pagebreak--- 27.3.1999             EN                  Official Journal of the European Communities                                       C 86/3
to adopt the laws, regulations or administrative provisions          declaration that, by failing to adopt and/or communicate,
necessary to comply fully and properly with Council                  within the prescribed period, all the measures necessary to
Directive 85/337/EEC of 27 June 1985 on the assessment               comply with Article 6 of Council Directive 91/157/EEC of
of the effects of certain public and private projects on the         18 March 1991 on batteries and accumulators containing
environment (OJ L 175, 5.7.1985, p. 40), the Portuguese              certain dangerous substances (OJ L 78, 26.3.1991, p. 38),
Republic has failed to fulfil its obligations under the third        the Kingdom of Belgium has failed to fulfil its obligations
paragraph of Article 189 of the EC Treaty and Article 12             under that article Ð the Court (Fifth Chamber), composed
of that directive Ð the Court (Fifth Chamber), composed              of: J.-P. Puissochet, President of the Chamber, P. Jann, J. C.
of: J.-P. Puissochet, President of the Chamber, J. C.                Mointinho de Almeida, C. Gulmann (Rapporteur) and
Moitinho de Almeida, C. Gulmann, L. Sevón (Rapporteur)               D. A. O. Edward, Judges; G. Cosmas, Advocate-General;
and M. Wathelet, Judges; J. Mischo, Advocate-General; R.             L. Hewlett, Administrator, for the Registrar, gave a
Grass, Registrar, has given a judgment on 21 January                 judgment on 21 January 1999, in which it:
1999, in which it:
1. Declares that, by adopting a transitional provision by            1. Declares that, by failing to adopt, within the
     virtue of which national legislation transposing                     prescribed period, all the measures necessary to
     Council Directive 85/337/EEC of 27 June 1985 on the                  comply with Article 6 of Council Directive
     assessment of the effects of certain public and private              91/157/EEC of 18 March 1991 on batteries and
     projects on the environment, adopted after 3 July                    accumulators containing certain dangerous substances,
     1988, the deadline for transposition, is not applicable              the Kingdom of Belgium has failed to fulfil its
     to projects in respect of which the consent procedure                obligations under that article.
     had been initiated before the entry into force of the
     national law transposing that directive but after 3 July
     1988, the Portuguese Republic has failed to fulfil its
     obligations under that directive.                               2. Orders the Kingdom of Belgium to pay the costs.
2. Orders the Portuguese Republic to pay the costs.                  (1) OJ C 357, 22.11.1997.
(1) OJ C 181, 14.6.1997.
                                                                                    JUDGMENT OF THE COURT
               JUDGMENT OF THE COURT                                                        (Fourth Chamber)
                       (Fifth Chamber)                                                     of 21 January 1999
                     of 21 January 1999                              in    Case    C-416/97: Commission of the            European
in    Case   C-347/97: Commission of the European                                  Communities v. Italian Republic (1)
           Communities v. Kingdom of Belgium (1)
                                                                     (Failure of Member State to fulfil its obligations Ð
(Failure of a Member State to fulfil its obligations Ð               Directives 93/119/EC, 94/42/EC, 94/16/EC and
Directive 91/157/EEC on batteries and accumulators                   93/118/EC Ð Non-transposition within the prescribed
containing certain dangerous substances Ð Failure by a                                         time-limits)
Member State to adopt programmes provided for in
                  Article 6 of the Directive)                                                (1999/C 86/06)
                        (1999/C 86/05)
                                                                                     (Language of the case: Italian)
                (Language of the case: French)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
          published in the European Court Reports)                             published in the European Court Reports)
In Case C-347/97: Commission of the European
Communities (Agent: Götz zur Hausen) v. Kingdom of                   In Case C-416/97: Commission of the European
Belgium (Agent: Annie Snoecx) Ð application for a                    Communities (Agent: Francesco P. Ruggeri Laderchi) v.