CELEX: C1997/131/09
Language: en
Date: 1997-04-26 00:00:00
Title: Appeal brought on 18 February 1997 by Kruidvat BVBA against the judgment delivered on 12 December 1996 by the Court of First Instance of the European Communities in Case T-87/92 between Kruidvat BVBA and Commission of the European Communities, supported by Parfums Givenchy SA, Comité de liaison des syndicats européens de l'industrie de la parfumerie et des cosmétiques and Fédération européenne des parfumeurs détaillants (Case C-70/97 P)

No C 131 /4            EN                 Official Journal of the European Communities                                      26 . 4 . 97
Service, acting as Agents, assisted by Alberto Dal Ferro, of         Pleas in law and main arguments adduced in support:
the Vicenza Bar, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,                 The action, brought under an arbitration clause, seeks the
Wagner Centre, Kirchberg.                                            recovery of a financial contribution granted by the
                                                                     applicant to the defendant to enable the latter to complete
The applicant claims that the Court should:                          an integrated private solid waste collection and recycling
                                                                     system . The Commission decided to terminate the
— order Cascina Laura and Gariboldi jointly and                      contract, governed by Italian law, on the ground that the
     severally to refund ECU 479 134 together with interest          defendant failed to perform its obligations.
     as from the payment of that sum until the date on
     which it is repaid, by monthly instalments of ECU
     1 742 as from 31 July 1990 and of ECU 2 464 as from
     20 April 1991 — that is to say, by total monthly
     instalments of ECU 4 206 as from 20 April 1991 —
     until the date of actual settlement,                            Appeal brought on 18 February 1997 by Kruidvat BVBA
                                                                     against the judgment delivered on 12 December 1996 by
— order Cascina Laura and Gariboldi jointly and                      the Court of First Instance of the European Communities
     severally to pay damages to the Commission in the               in    Case    T-87/92       between     Kruidvat    BVBA       and
     amount of ECU 100 000 or such sum as the Court                  Commission of the European Communities, supported by
     may deem to be appropriate,                                     Parfums Givenchy SA, Comité de liaison des syndicats
                                                                     européens de l'industrie de la parfumerie et des
— order Cascina Laura and Gariboldi jointly and                      cosmétiques and Fédération européenne des parfumeurs
     severally to pay the costs.                                                                  détaillants
                                                                                            ( Case C-70/97 P)
Pleas in law and main arguments adduced in support:
                                                                                               ( 97/C 131/09 )
The object of this action, which is based on an arbitration
clause, is to recover financial assistance which the                 An appeal against the judgment delivered on 12 December
Commission granted the defendants so that they could                  1996 by the Court of First Instance of the European
construct a dual generator to produce electricity and heat           Communities in Case T- 8 7/92 between Kruidvat BVBA
from biomass consisting of rice production residue (chaff            and Commission of the European Communities, supported
and husks). The Commission decided to withdraw from                  by Parfums Givenchy SA, Comité de liaison des syndicats
the contract, drawn up between the parties in accordance             europèens de l'industrie de la parfumerie et des
with Italian law, on account of the defendants' failure to           cosmétiques and Federation européenne des parfumeurs
perform their obligations thereunder.                                détaillants, was brought before the Court of Justice of the
                                                                     European Communities on 18 February 1997 by Kruidvat
                                                                     BVBA, represented by O. W. Brouwer, of the Amsterdam
                                                                     Bar, and F. P. Louis and P. Wytinck, of the Brussels Bar,
                                                                     with an address for service in Luxembourg at the
                                                                     Chambers of M. Loesch, 11 rue Goethe .
Action brought on 18 February 1997 by the Commission
 of the European Communities against SNUA SRL ( Servizi              The appellant claims that the Court should:
                    Netezza Urbana ed Affini)
                          Case C-69/97                               — set aside the judgment of the Court of First Instance of
                                                                          12 December 1996 in Case T-87/92 and, if possible,
                          ( 97/C 131/08 )                                 itself declare admissible the action for annulment
                                                                          brought by Kruidvat BVBA before the Court of First
 An action against SNUA SRL ( Servizi Netezza Urbana ed                   Instance, and
 Affini) was brought before the Court of Justice of the
 European Communities on 18 February 1997 by ' the                   — order the Commission to pay the costs of the present
 Commission of the European Communities, represented                      proceedings.
 by Paolo Stancanelli and Jean-Francis Pasquier, of its
                                                                      Pleas in law and main arguments adduced in support:
 Legal Service, acting as Agents, with an address for service
 in Luxembourg at the office of Carlos Gomez de la Cruz,              — Infringement of the fourth paragraph of Article 173 of
 of its Legal Service, Wagner Centre, rue Alcide de Gasperi,              the EC Treaty
 Kirchberg.
                                                                          — by inaccurate interpretation and incorrect
 The applicant claims that the Court should:                                   application of the conditions relating to
                                                                               participation in the competition procedure as an
 — order SNUA to repay ECU 195 397, together with                              element distinguishing a party individually for the
      interest at a rate of ECU 43,09 per day as from 1 April                  purposes of the fourth paragraph of Article 173 of
      1988 until the date of actual payment,                                   the EC Treaty,
 — order SNUA to pay to the Commission ECU 60 000,                        — by the finding that the Commission's contested
      or another appropriate sum, by way of damages, and                       decision   was     not    of   individual  concern     to
                                                                               Kruidvat, despite the fact that at the time it was
 — order SNUA to pay the costs.                                                adopted Kruidvat was already involved in
 ---pagebreak--- 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