CELEX: C1999/020/17
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 3 December 1998 in Case C-337/96: Commission of the European Communities v. Industrial Refuse & Coal Energy Ltd (Arbitration clause - Breach of contract)

23.1.1999             EN                 Official Journal of the European Communities                                   C 20/11
Ferriere di Servola SpA (AFS) Ð on the interpretation of            company incorporated under English law, whose
Article 92 of the EC Treaty Ð the Court (Fifth Chamber),            registered office is at Oxted (the United Kingdom),
composed of: J.-P. Puissochet, President of the Chamber,            represented initially by Kanaar & Co., Solicitors, Ð
J. C. Moitinho de Almeida, C. Gulmann, D. A. O.                     Application for the recovery of moneys advanced to the
Edward and M. Wathelet (Rapporteur), Judges; N.                     defendant by the Commission in the context of a
Fennelly, Advocate-General; L. Hewlett, Administrator, for          demonstration project relating to the conversion of an
the Registrar, has given a judgment on 1 December 1998              existing refuse transfer station to electrical power
in which it has ruled:                                              generation from the preparation of raw urban refuse and a
                                                                    counterclaim for payment of the balance of the maximum
                                                                    subsidy contractually provided for and for damages Ð the
                                                                    Court (First Chamber), composed of: P. Jann
Application to an undertaking within the meaning of                 (Rapporteur), President of the Chamber, D. A. O. Edward
Article 80 of the ECSC Treaty of a system of the kind               and M. Wathelet, Judges; A. Saggio, Advocate-General; R.
introduced by Law No 95/79 of 3 April 1979, and                     Grass, Registrar, has given a judgment on 3 December
derogating from the rules of ordinary law relating to               1998, in which it:
insolvency, is to be regarded as giving rise to the grant of
State aid, which is prohibited by Article 4(c) of the ECSC
Treaty, where it is established that the undertaking
                                                                    1. Orders Industrial Refuse & Coal Energy Ltd to
                                                                        reimburse to the Commission the sum of ECU
                                                                        191 438, together with the sum of ECU 50 796 by
Ð has been permitted to continue trading in                             way of interest in respect of the period from 18 August
    circumstances in which it would not have been                       1987 to 23 November 1990, together with interest at
    permitted to do so if the rules of ordinary law relating            the annual rate of 8,15 % from 20 October 1993 on
    to insolvency had been applied, or                                  the sum of ECU 191 438;
Ð has enjoyed one or more advantages, such as a State               2. Dismisses the counterclaim lodged by Industrial
    guarantee, a reduced rate of tax, exemption from the                Refuse & Coal Energy Ltd;
    obligation to pay fines and other pecuniary penalties
    or waiver in practice of public debts wholly or in part,
    which could not have been claimed by another                    3. Orders Industrial Refuse & Coal Energy Ltd to pay
    insolvent undertaking in connection with the                        the costs.
    application of the rules of ordinary law relating to
    insolvency.
                                                                    (1) OJ C 388, 21.12.1996.
(1) OJ C 228, 26.7.1997.
                                                                                   JUDGMENT OF THE COURT
                                                                                           (Fifth Chamber)
              JUDGMENT OF THE COURT
                                                                                         of 3 December 1998
                       (First Chamber)
                                                                    in Case C-368/96 (reference for a preliminary ruling from
                     of 3 December 1998                             the High Court of Justice (England & Wales), Queen's
in Case C-337/96: Commission of the European                        Bench Division): The Queen v. The Licensing Authority
  Communities v. Industrial Refuse & Coal Energy Ltd (1)            established by the Medicines Act 1968 (acting by The
                                                                                     Medicines Control Agency) (1)
         (Arbitration clause Ð Breach of contract)
                                                                    (Medicinal products Ð Marketing authorisation Ð
                        (1999/C 20/17)                                  Abridged procedure Ð Essentially similar products)
                                                                                            (1999/C 20/18)
               (Language of the case: English)
                                                                                    (Language of the case: English)
In Case C-337/96: Commission of the European
Communities (Agent: Thomas F. Cusack and Fergus                     In Case C-368/96: reference to the Court under Article 177
Randolph) v. Industrial Refuse & Coal Energy Ltd, a                 of the EC Treaty by the High Court of Justice (England &