CELEX: C1995/137/05
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT of 6 April 1996 in Joined Cases C-241/91 P and C-242/91 P: Radio Telefis Eireann (RTE) and Independent Television Publications Ltd (ITP) v. Commission of the European Communities (Competition - Abuse of a dominant position - Copyright)

3 . 6 . 95              EN 1                 Official Journal of the European Communities                               No C 137/3
Democratic Republic of Algeria, signed in Algiers on                    1 . dismisses the appeals;
26 April 1976 and approved on behalfofthe Community by
Council Regulation (EEC) No 2210/78 of 26 September
1978, must be interpreted as precluding a Member State                  2 . orders Radio Telefis Eireann (RTE) and Independent
from refusing to grant a benefit such as the supplementary                  Television Publications Ltd (ITP) to pay the costs of the
allowance from the FNS, which is provided for under its                     appeals lodged by them;
legislation for its own nationals who are resident in that
State, to the widow ofan Algerian worker, who is resident in
that Member State and is the recipient of a survivor 's                 3 . orders Intellectual Property Owners Inc. (IPO) to bear
pension there, on the ground that she is of Algerian                        its own costs and to pay those incurred by the
                                                                            Commission due to its intervention.
nationality.
                                                                        (M OJ No C 307, 27. 11 . 1991 .
(M OJ No C 120 , 30 . 4 . 1994 .
( 2 ) OJ No L 263 , 27 . 9 . 1978 , p . 1 .
                                                                                      JUDGMENT OF THE COURT
                                                                                              ( Second Chamber )
                                                                                                of 6 April 1995
                                                                        in Case C-299/93 : Ernst Bauer v. Commission of the
                JUDGMENT OF THE COURT
                                                                                         European Communities (*)
                          of 6 April 1996
                                                                        (Arbitration clause — Residential tenancy agreement —
in Joined Cases C-241/91 P and C-242/91 P: Radio Telefis                Determination of the rent — Termination — Restitution of
Eireann ( RTE ) and Independent Television Publications Ltd                                         damage)
    ( ITP) v. Commission of the European Communities C )
                                                                                                  95/C 137/06
 (Competition — Abuse of a dominant position —
                                Copyright)
                             ( 95/C 137/05 )                                           (Language of the case: Italian)
                                                                        (Provisional translation; the definitive translation will be
                 (Language of the case: English)                                 published in the European Court Reports)
In Joined Cases C 241/91 P and C 242/91 P : Radio Telefis               In Case C-299/93 : Ernst Bauer ( Agent: Giorgio Gozzi )
Eireann ( RTE ), a public authority having its office in Dublin         v. Commission of the European Communities (Agents :
 ( Agents : W. Alexander and G. van der Wal ) and                       Gianluigi Valsesia and Alberto Dal Ferro ) — application for
Independent Television Publications Ltd ( ITP ), a company              a declaration that the request for surrender of tenanted
incorporated under English law and having its registered                residential premises and the increase in the rent payable for
office in London (Agents : M. J. Reynolds and R. Strivens ),            those premises were unlawful, and for compensation for the
supported by Intellectual Property Owners Inc . ( IPO ),                additional rent paid on the basis of that increase and for
having its registered office in Washington DC, United States            material and non-material damage incurred as a result of the
of America ( Agents : D. R. Barrett and G. I. F. Leigh ) —              early surrender of the premises — the Court ( Second
appeals against two judgments of the Court of First Instance            Chamber ), composed of F. A. Schockweiler, President of the
of the European Communities ( Second Chamber ) of 10 July               Chamber, G. F. Mancini ( Rapporteur ) and G. Hirsch,
 1991 in Case T-69/89 RTE v. Commission [ 1991 ] ECR                    Judges ; G. Cosmas, Advocate-General; R. Grass, Registrar,
11-485 and in Case T-76/89 ITP v. Commission [ 1991 ] ECR               gave a judgment on 6 April 1995 , the operative part of
                                                                        which is as follows :
11-575 , seeking to have those judgments set aside, the other
party to the proceedings being Commission of the European
Communities ( Agent: Julian Currall ), supported by Magill              1 . the application is dismissed;
TV Guide Ltd , having its registered office in Dublin ( Agent:
Gore & Grimes , Solicitors ) — the Court, composed of G. C.
Rodriguez Iglesias ( Rapporteur ), President, F. A.                     2 . the applicant is ordered to pay the costs.
Schockweiler and P. J. G. Kapteyn ( Presidents of
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho
de Almeida and J. L. Murray, Judges ; C. Gulmann,                       (M OJ No C 177, 29 . 6 . 1993 .
Advocate-General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 6 April 1995 , in which
it :