CELEX: C1997/131/10
Language: en
Date: 1997-04-26 00:00:00
Title: Appeal brought on 20 February 1997 by the French Republic against the judgment delivered on 11 December 1996 by the Fourth Chamber of the Court of First Instance of the European Communities in case T-70/94 between Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. and the Commission of the European Communities supported by the United Kingdom (Case C-73/97 P)

26 . 4 . 97            EN                    Official Journal of the European Communities                                No C 131 /5
          proceedings brought by Givenchy and pending                   Reference for a preliminary ruling from Juzgado de lo
          before a national court, in which the question of             Social No 1 , Pontevedra, by order of that court of
          the validity of Parfums Givenchy SA's selective               28 January 1997 in the case of Mercedes Gomez Montana
          distribution system was expressly raised,                     v. Claro Sol S. A. and Red Nacional de Ferrocarriles
                                                                                                  Espaftoles (Renfe)
     — by an inaccurate assessment of the effect of the                                            ( Case C-74/97)
          contested decision on the competitive situation and
                                                                                                     ( 97/C 131 / 11 )
          of the importance of that criterion when deciding
          whether a person is individually concerned, and
                                                                        Reference has been made to the Court of Justice of the
     — because the finding that Kruidvat's action was                   European Communities by order of Juzgado de lo Social
          inadmissible deprives it of full and effective legal          ( Social Court) No 1 , Pontevedra, of 28 January 1997,
          protection .                                                  which was received at the Court Registry on 20 February
                                                                        1997, for a preliminary ruling in the case of Mercedes
                                                                        Gomez Montana v. Claro Sol S. A. and Red Nacional de
— Infringement of Article 190 of the EC Treaty.                         Ferrocarriles Espanoles ( Renfe ) on the following question .
                                                                        Does Directive 77/187/EEC ( 1 ) of 14 February 1977 cover
                                                                        circumstances in which the termination of a contract with
                                                                        a cleaning company results in the dismissal of the worker
                                                                        employed by the contractor and the cleaning is taken over
Appeal brought on 20 February 1997 by the French                        by the principal, a rail transport undertaking, using its
Republic against the judgment delivered on 11 December                  own employees ?
1996 by the Fourth Chamber of the Court of First
Instance of the European Communities in case T-70/94                    (') OJ No L 61 , 5 . 3 . 1977, p . 26 .
between Comafrica SpA and Dole Fresh Fruit Europe Ltd
& Co. and the Commission of the European Communities
                supported by the United Kingdom
                        ( Case C-73/97 P )
                           ( 97/C 131 / 10 )                            Action brought on 19 February 1997 by Kingdom of
                                                                                Belgium against Commission of the European
                                                                                                       Communities
An appeal against the judgment delivered on 11 December                                            ( Case C-75/97)
1996 by the Fourth Chamber of the Court of First
                                                                                                      ( 97/C 131 / 12 )
Instance of the European Communities in case T-70/94
between Comafrica SpA and Dole Fresh Fruit Europe Ltd
8c Co. and the Commission of the European Communities                   An action against the Commission of the European
supported by the United Kingdom, was brought before the                 Communities was brought before the Court of Justice of
Court of Justice of the European Communities on                         the European Communities on 19 February 1997 by the
20 February 1997 by the French Republic, represented by                 Kingdom of Belgium, represented by Gerwin van Gerven
Catherine de Salins and Frederic Pascal , acting as agents,             and Koen Coppenholle, of the Brussels Bar, with an
with an address for service in Luxembourg at the French                 address for service in Luxembourg at the Chambers of
Embassy, 9 boulevard Prince Henri .                                     Freddy Brausch, 11 rue Goethe .
                                                                        The Kingdom of Belgium claims that the Court should :
The Appellant claims that the Court should :
                                                                        — declare the application for annulment of Decision
— partially set aside the judgment of the Court of First                     SG(96 ) 4080 final of 4 December 1996 , notified by
     Instance of 11 December 1996 in Case T-70/94 in so                      letter S/11511 of 10 December 1996 concerning
     far as that judgment dismissed the objection of                         measures of aid by the Belgian Government in the
                                                                             framework of the Maribel II/III scheme admissible and
     inadmissibility raised by the defendant.
                                                                             well founded, and
Pleas in law and main arguments adduced in support:                     — order the Commission to pay the costs .
In holding that the applicant undertakings are directly and              Pleas in law and main arguments adduced in support:
individually concerned by the provisions of Article 1 of                — Infringement of Articles 92 and 1 90 of the EC Treaty:
the contested Regulation, the Court of First Instance failed
to take account of either the general scope or the                      — Maribel II/III does not constitute aid
 legislative character of the Regulation which has legal
effects on all of the operators in categories A and B. The                   The Commission refers to the statement in the Belgian
applicants adduced nothing to distinguish them from other                    legislation that the measure is applied to undertakings
category A operators and justify their being regarded as                     'which are exposed to international competition'. The
 individually concerned by the Regulation .                                  Maribel II/III scheme does not, however, benefit only
                                                                             undertakings which actively engage in export; nor is it
                                                                             true that the Maribel II/III scheme benefits only sectors