CELEX: C1998/340/27
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Case T-11/95: BP Chemicals Limited v. Commission of the European Communities (State aid - Action for annulment - Time-limits - Persons individually concerned - Private market economy investor principle - Opening of the procedure provided for in Article 93(2) of the Treaty)

7.11.98              EN                 Official Journal of the European Communities                                  C 340/15
    comply      with    Directive     96/97/EC     on    the       Pleas in law and main arguments adduced in support:
    implementation of the principle of equal treatment for
    men and women in occupational social security                  Under the third paragraph of Article 189 of the EC Treaty
    schemes (1), the French Republic has failed to fulfil its      and Article 5 of the EC Treaty, together with Article 3 of
    obligations under that directive;                              Council Directive 96/97/EC, the French Republic was
                                                                   required to conform with that directive by 1 July 1997.
Ð order the French Republic to pay the costs.                      (1) OJ L 46 of 17.2.1997, p. 20.
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          21 September 1994 relating to a proceeding pursuant to
                                                                   Article 85 of the EC Treaty and Article 53 of the EEA
                   of 15 September 1998                            Agreement (IV/34.600 Ð Night Services) (OJ L 259 of
in Joined Cases T-374/94, T-375/94, T-384/94 and                   7.10.1994, p. 20) Ð the Court of First Instance (Second
T-388/94: European Night Services Ltd (ENS) and Others             Chamber), composed of: A. Kalogeropoulos, President,
      v. Commission of the European Communities (1)                C. W. Bellamy and J. Pirrung, Judges; H. Jung, Registrar,
                                                                   has given a judgment on 15 September 1998, in which it:
(Competition Ð Transport by rail Ð Agreements on
overnight rail services through the Channel Tunnel Ð
Restrictions on competition Ð Directive 91/440/EEC Ð               1. annuls       Commission       Decision    94/663/EC    of
Appreciable effect on trade Ð Supply of necessary services             21 September 1994 relating to a proceeding pursuant
Ð Essential facilities' Ð Statement of reasons Ð                      to Article 85 of the EC Treaty and Article 53 of the
                       Admissibility)                                  EEA Agreement (IV/34.600 Ð Night Services);
                       (98/C 340/26)
                                                                   2. orders the Commission to pay the costs;
         (Language of the case: English and French)
                                                                   3. orders the United Kingdom of Great Britain and
                                                                       Northern Ireland, as intervener, to bear its own costs.
In Joined Cases T-374/94: European Night Services Ltd              (1) OJ C 392 of 31.12.1994 and OJ C 386 of 31.12.1994.
(ENS), established in London, T-375/94: Eurostar (UK)
Ltd, formerly European Passenger Services Ltd (EPS),
established in London, represented by Thomas Sharpe
QC, of the Bar of England and Wales, and Alexandre
Nourry, Solicitor, with an address for service in
Luxembourg at the Chambers of Elvinger, Hoss &
Prussen, 15 Côte d'Eich, supported by SocieÂteÂ Nationale
des Chemins de Fer FrancËais (SNCF), established in Paris,           JUDGMENT OF THE COURT OF FIRST INSTANCE
represented by Chantal MomeÁge, of the Paris Bar, with an                              of 15 September 1998
address for service in Luxembourg at the Chambers of
Alex Schmitt, 62 Avenue Guillaume, T-384/94: Union                 in Case T-11/95: BP Chemicals Limited v. Commission of
Internationale des Chemins de Fer (UIC), established in                            the European Communities (1)
Paris, and NV Nederlandse Spoorwegen (NS), established             (State aid Ð Action for annulment Ð Time-limits Ð
in Utrecht, the Netherlands, represented by Erik H.                Persons individually concerned Ð Private market economy
Pijnacker Hordijk, of the Amsterdam Bar, with an address           investor principle Ð Opening of the procedure provided
for service in Luxembourg at the Chambers of Luc                                 for in Article 93(2) of the Treaty)
Frieden, 62 Avenue Guillaume, and T-388/94: SocieÂteÂ
Nationale des Chemins de Fer FrancËais (SNCF),                                             (98/C 340/27)
established in Paris, represented by Chantal MomeÁge, of
the Paris Bar, with an address for service in Luxembourg
at the Chambers of Alex Schmitt, 62 Avenue Guillaume,                             (Language of the case: English)
supported by United Kingdom of Great Britain and
Northern Ireland (Agents: Lindsey Nicoll and Paul Lasok),
against Commission of the European Communities                     In Case T-11/95: BP Chemicals Limited, established in
(Agents: initially Francisco Enrique GonzaÂlez Díaz, then          London, represented by James Flynn, Barrister, of the Bar
Giuliano Marenco and Ami Barav) Ð application for                  of England and Wales, and Alec Burnside, Solicitor, with
annulment of Commission Decision 94/663/EC of                      an address for service in Luxembourg at the Chambers of
 ---pagebreak--- C 340/16              EN                 Official Journal of the European Communities                                   7.11.98
Loesch & Wolter, 11 Rue Goethe, supported by United                 stetten, Frank Schulze and Winfried Haneklaus, Rechtsan-
Kingdom of Great Britain and Northern Ireland (Agents:              wälte, Münster, with an address for service in
Lindsey Nicoll, Kenneth Parker and Rhodri Thompson)                 Luxembourg at the Chambers of Dupong & Dupong, 4Ð
against Commission of the European Communities                      6 Rue de la Boucherie, against Council of the European
(Agents: initially Jean-Paul Keppenne and Paul Nemitz,              Union (Agent: Arthur Brautigam) and Commission of the
subsequently Paul Nemitz and Nicholas Khan), supported              European Communities (Agents: Dierk Booû, Hans-Jürgen
by Italian Republic (Agents: Umberto Leanza and                     Rabe and Georg M. Berrisch) Ð application, under
Maurizio Fiorilli), and by ENI SpA, established in Rome,            Articles 178 and 215, second paragraph, of the EC Treaty,
and EniChem SpA, established in Milan (Italy),                      for an order directing the defendants to pay interest at the
represented by Mario Siragusa, of the Rome Bar, and                 rate of 8 % per annum on the amount of compensation
Giuseppe Scassellati-Sforzolini, of the Bologna Bar, with           paid to the applicants pursuant to Council Regulation
an address for service in Luxembourg at the Chambers of             (EEC) No 2187/93 of 22 July 1993 providing for an offer
Elvinger & Hoss, 15 Côte d'Eich Ð application for                   of compensation to certain producers of milk and milk
annulment of the Commission decision of 27 July 1994                products temporarily prevented from carrying on their
regarding aid which Italy has decided to grant to EniChem           trade (OJ L 196 of 5.8.1993, p. 6), together with default
SpA (OJ C 330 of 26.11.1994, p. 7) Ð the Court of First             interest on the amounts thus calculated Ð the Court of
Instance (Second Chamber, Extended Composition),                    First Instance (First Chamber), composed of: B.
composed of: C. W. Bellamy, President, C. P. BrieÈt, R.             Vesterdorf, President, R. M. Moura Ramos and P.
García-Valdecasas, A. Kalogeropoulos and A. Potocki,                Mengozzi, Judges; J. Palacio GonzaÂlez, Administrator, for
Judges; J. Palacio GonzaÂlez, Administrator, for the                the Registrar, has given a judgment on 24 September
Registrar, has given a judgment on 15 September 1998, in            1998, in which it:
which it:
1. annuls the Commission's decision of 27 July 1994
    regarding aid which Italy has decided to grant to               1. orders the defendants to pay the applicants Günter
    EniChem SpA in so far as it closes the examination                  Backhaus, Uwe Lorentz and Manfred Mittwede in
    under Article 93(3) of the Treaty of the capital                    respect of the period between 20 April and 28 June
    injection of LIT 3 000 billion to which it refers;                   1994 interest at the rate of 8 % per annum on the
                                                                         compensation paid to them under Council Regulation
                                                                         (EEC) No 2187/93 of 22 July 1993 providing for an
2. dismisses the       remainder     of the  application   as            offer of compensation to certain producers of milk and
    inadmissible;                                                        milk products temporarily prevented from carrying on
                                                                         their trade;
3. orders the Commission to bear its own costs and to
    pay two-thirds of the applicant's costs, and orders the
    applicant to bear one-third of its own costs;
                                                                    2. orders the defendants to pay the applicant Paul
4. orders the United Kingdom, the Italian Republic, ENI                  Gövert in respect of the period between 9 May and
    SpA and EniChem SpA to bear their own costs.                         3 August 1994 interest at the rate of 8 % per annum
                                                                         on the compensation paid to him under that
                                                                         regulation;
(1) OJ C 87 of 8.4.1995.
                                                                    3. orders the defendants to pay to all the other applicants
                                                                         in respect of the period between 20 April and 3 August
                                                                         1994 interest at the rate of 8 % per annum on the
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                compensation paid to them under that regulation;
                    of 24 September 1998
in Case T-112/95: Peter Dethlefs and Others v. Council of
the European Union and Commission of the European
                        Communities (1)                             4. orders interest at the rate of 6 % per annum to be paid
                                                                         on those amounts with effect from the date of this
(Claims for compensation Ð Non-contractual liability Ð                   judgment;
Milk Ð Additional levy Ð Producers who have entered
into non-marketing or conversion undertakings Ð
Compensation Ð Regulation (EEC) No 2187/93 Ð
                            Interest)                               5. orders each of the parties to bear his own costs.
                         (98/C 340/28)
                                                                    (1) OJ C 208 of 12.8.1995.
               (Language of the case: German)
In Case T-112/95: Peter Dethlefs and Others, represented
by Bernd Meisterernst, Mechthild Düsing, Dietrich Man-