CELEX: C1995/315/12
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 October 1995 in Case C-19/93 P: Rendo NV and Others v. Commission of the European Communities (Competition - Agreement impeding imports and exports of electricity - Commission decision - Partial abstention from ruling on the compatibility of the agreement with Article 85 (1) of the Treaty)

25 . 11 . 95          EN                 Official Journal of the European Communities                                No C 315/7
               JUDGMENT OF THE COURT                                     restrictions applicable during the period prior to the
                       ( Sixth Chamber)                                  entry into force of the Electricity Law and declared the
                                                                         application inadmissible on that point.
                     of 19 October 1995
in Case C-19/93 P: Rendo NV and Others v. Commission of
                the European Communities (')                        2 . The remainder of the appeal is dismissed.
 (Competition — Agreement impeding imports and exports
of electricity — Commission decision — Partial abstention
from ruling on the compatibility of the agreement with              3 . The case is referred back to the Court of First
                 Article 85 (1) of the Treaty)                           Instance.
                         ( 95/C 315/12 )
                                                                    4 . The parties are ordered to bear their own costs in these
                                                                         proceedings.
                (Language of the case: Dutch)
                                                                    (') O J No C 71 , 13 . 3 . 1993 .
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                   JUDGMENT OF THE COURT
In Case C-19/93 P : Rendo NV, a company incorporated                                          ( Sixth Chamber )
under Netherlands law, established in Hoogeveen
                                                                                           of 19 October 1995
( Netherlands ), Centraal Overijsselse Nutsbedrijven NV, a
company incorporated under Netherlands law, established             in Case C-l 11/94 ( reference for a preliminary ruling from
in Almelo ( Netherlands ), Regionaal Energiebedrijf Salland         the Tribunale Civile e Penale di Milano ): non-contentious
NV, a company incorporated under Netherlands law,                   proceedings brought before that court by Job Centre Coop,
established in Deventer ( Netherlands ), all represented by                                          arl ( 1 )
T. R. Ottervanger, of the Rotterdam Bar, with an address            (Natonal legislation prohibiting private undertakings from
for service in Luxembourg at the Chambers of S.                    providing job placement for workers — Lack ofjurisdiction
Oostvogels, 1 3 Rue Aldringen, appeal against the judgment                                       of the Court)
of the Court of First Instance of the European Communities
( First Chamber ) of 18 November 1992 in Case T- 16/91                                          ( 95/C 315/ 13 )
Rendo and Others v. Commission ( 1992 ) ECR 11-2417 ),
seeking to have that judgment set aside , the other party to
the proceedings being: Commission of the European                                   (Language of the case: Italian)
Communities (Agent: B. J. Drijber ), supported by
Samenwerkende elektriciteits-produktiebedrijven NV, a
company incorporated under Netherlands law, established             (Provisional translation; the definitive translation will be
in Arnhem ( Netherlands ), represented by M. van Empel and                   published in the European Court Reports)
O. W. Brouwer, of the Amsterdam Bar, with an address for
service in Luxembourg at the Chambers of M. Loesch, 8 Rue
Zithe — the Court ( Sixth Chamber ), composed of: C. N.             In Case C-l 11 /94 : reference to the Court under Article 177
Kakouris, President of the Chamber, F. A. Schockweiler              of the EC Treaty from the Tribunale Civile e Penale di
( Rapporteur ), P. J. G. Kapteyn , J. L. Murray and H.              Milano ( Civil and Criminal District Court, Milan ), Italy, for
Ragnemalm, Judges; Advocate-General : G. Tesauro;                   a preliminary ruling in the non-contentious proceedings
Registrar : L. Hewlett, Administrator, has given a judgment         ( giurisdizione volontaria ) brought before that court by Job
on 19 October 1995 , in which the operative part is as              Centre Coop , arl — on the interpretation of Articles 48 , 55 ,
follows :                                                           59 , 60, 66 , 86 and 90 of the EC Treaty — the Court ( Sixth
                                                                    Chamber ), composed of: G. F. Mancini , acting as President
                                                                    of the Chamber, F. A. Schockweiler, P. J. G. Kapteyn
                                                                    ( Rapporteur ), J. L. Murray and H. Ragnemalm, Judges;
                                                                    M. B. Elmer, Advocate-General ; L. Hewlett, Administrator,
1 . The judgment of the Court of First Instance of                  for the Registrar, gave a judgment on 19 October 1995 , the
      1 8 November 1 992 in Case T- 16/91 is set aside in so far    operative part of which is as follows :
     as it held that Commission Decision 91 /50/EEC of
      16 Janury 1991 relating to a proceeding under Article 85
     of the EEC Treaty (IV/32.732 — IJsselcentrale (IJC)            The Court of Justice of the European Communities has no
     and Others) had had no legal effect as regards the import      jurisdiction to answer the questions raised by the Tribunale