CELEX: C2001/079/02
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 November 2000 in Case C-1/98 P: British Steel plc v Commission of the European Communities and Others (Appeal — ECSC — Commission Decision No 3855/91/ECSC (Fifth Aid Code) — Individual Commission decisions authorising State aid for steel undertakings — Competence of the Commission — Legitimate expectations)

10.3.2001               EN                      Official Journal of the European Communities                                            C 79/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       and Ilva Laminati Piani SpA, established in Rome, Italy, — the
                                                                             Court (Sixth Chamber), composed of: C. Gulmann, President
                         (Sixth Chamber)                                     of the Chamber, J.-P. Puissochet (Rapporteur), and F. Macken,
                                                                             Judges; N. Fennelly, Advocate General; L. Hewlett, Adminis-
                      of 23 November 2000                                    trator, for the Registrar, has given a judgment on 23 November
                                                                             2000, in which it:
in Case C-441/97 P: Wirtschaftsvereinigung Stahl and                         1.    Dismisses the appeal;
Others v Commission of the European Communities and
                             Others (1)                                      2.    Orders Wirtschaftsvereinigung Stahl, Thyssen Stahl AG, Preus-
                                                                                   sag Stahl AG and Hoogovens Staal BV to pay the costs;
(Appeal — ECSC — Commission Decision No 3855/
91/ECSC (Fifth Aid Code) — State aid for steel undertakings                  3.    Orders the Italian Republic and the Council of the European
in the Italian public sector — Misuse of powers — Principle                        Union to bear their own costs.
        of non-discrimination — Principle of necessity)
                                                                             (1) OJ C 94 of 28.3.1998.
                          (2001/C 79/01)
                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                             JUDGMENT OF THE COURT
In Case C-441/98 P: Wirtschaftsvereinigung Stahl, established                                        (Sixth Chamber)
in Düsseldorf (Germany), Thyssen Stahl AG, established in
Duisburg (Germany), Preussag Stahl AG, established in Salzgitt-                                   of 23 November 2000
er (Germany), and Hoogovens Staal BV, formerly Hoogovens
Groep BV, established in IJmuiden (Netherlands), represented                 in Case C-1/98 P: British Steel plc v Commission of the
by J. Sedemund, Rechtsanwalt, Berlin, and, in the case of                                European Communities and Others (1)
Hoogovens Staal BV, by E.H. Pijnacker Hordijk, of the Brussels
Bar, with an address for service in Luxembourg at the                        (Appeal — ECSC — Commission Decision No 3855/
Chambers of A. May, of the Luxembourg Bar, 398 Route                         91/ECSC (Fifth Aid Code) — Individual Commission
d’Esch — appeal against the judgment of the Court of First                   decisions authorising State aid for steel undertakings —
Instance of 24 October 1997 in Case T-244/94 Wirtschaftsver-                  Competence of the Commission — Legitimate expectations)
einigung Stahl and Others v Commission [1997] ECR II-1963,
in which the Court of First Instance dismissed their action for                                        (2001/C 79/02)
the annulment of Commission Decision 94/259/ECSC of
12 April 1994 concerning aid to be granted by Italy to the
public steel sector (Ilva group) (OJ 1994 L 112, p. 64), the                                    (Language of the case: English)
other parties to the proceedings being: Commission of the
European Communities (Agent: P.F. Nemitz) Italian Republic                   In Case CA/98 P: British Steel plc (now Corus UK Ltd),
(Agent: Professor U. Leanza, assisted by P.G. Ferri), Council of             established in London, United Kingdom, represented by
the European Union, (Agents: S. Marquardt and A.P. Feeney)                   R. Plender QC, instructed by W. Sibree, Solicitor, with an
 ---pagebreak--- C 79/2                   EN                     Official Journal of the European Communities                                          10.3.2001
address for service in Luxembourg at the Chambers of Elvinger,             pending before that court between Ursula Elsen and Bundesver-
Hoss et Prussen, 15 Côte d’Eich — appeal against the judgment              sicherungsanstalt für Angestellte — on the interpretation of
of the Court of First Instance of the European Communities                 Article 51 of the EC Treaty (now, after amendment, Article 42
(First Chamber, Extended Composition) of 24 October 1997                   EC) and Council Regulation (EEC) No 1408/71 of 14 June
in Case T-243/94 British Steel v Commission [1997] ECR II-                 1971 on the application of social security schemes to
1887, seeking to have that judgment set aside in so far as                 employed persons, to self-employed persons and to members
it dismissed its application against Commission Decision                   of their families moving within the Community, as amended
94/258/ECSC of 12 April 1994 concerning aid to be granted                  and updated by Council Regulation (EEC) No 2001/83 of
by Spain to the public integrated steel company Corporación               2 June 1983 (OJ 1983 L 230, p. 6), as amended at the material
de la Siderurgia Integral (CSI) and Commission Decision                    time, in particular by Council Regulation (EEC) No 2195/91
94/259/ECSC of 12 April 1994 concerning aid to be granted                  of 25 June 1991 (OJ 1991 L 206, p. 2) — the Court (Fifth
by Italy to the public steel sector (Ilva group) (OJ 1994 L 112,           Chamber), composed of: A. La Pergola, President of the
pp. 58 and 64 respectively), the other parties to the proceedings          Chamber, M. Wathelet (Rapporteur) and D.A.O. Edward,
being: Commission of the European Communities (Agents:                     Judges; A. Saggio, Advocate General; R. Grass, Registrar, has
N. Khan and P.F. Nemitz), Det Danske Stålvalseværk A/S,                    given a judgment on 23 November 2000, in which it has
established in Frederiksværk, Denmark, represented by                      ruled:
J.A. Lawrence and A. Renshaw, Solicitors, with an address for
service in Luxembourg at the Chambers of E. Arendt, 8-                     Articles 8a, 48 and 51 of the EC Treaty (now, after amendment,
10 Rue Mathias Hardt, Italian Republic (Agents: Professor                  Articles 18 EC, 39 EC and 42 EC) require that, for the purpose of
U. Leanza, assisted by P.G. Ferriv), Kingdom of Spain (Agent:              the grant of an old-age pension, the competent institution of a
N. Dı́az Abad), Council of the European Union (Agents:                     Member State take into account, as though they had been completed
J. Carbery and A.P. Feeney), Svenskt Stål AB (SSAB), established           in national territory, periods devoted to child-rearing completed in
in Stockholm, Sweden, and Ilva Laminati Piani SpA, established             another Member State by a person who, at the time when the child
in Rome, Italy — the Court (Sixth Chamber), composed                       was born, was a frontier worker employed in the territory of the first
of: C. Gulmann, President of the Chamber, J.-P. Puissochet                 Member State and residing in the territory of the second Member
(Rapporteur), and M. Macken, Judges; N. Fennelly, Advocate                 State.
General; R. Grass, the Registrar, has given a judgment on
23 November 2000, in which it:
                                                                           (1) OJ C 188 of 3.7.1999.
1.    Dismisses the appeal;
2.    Orders British Steel plc, now Corus UK Ltd, to pay the costs;
3.    Orders the Italian Republic, the Kingdom of Spain, the Council
      of the European Union and Det Danske Stålvalseværk A/S to
      bear their own costs.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 72 of 7.3.1998.
                                                                                                     (Third Chamber)
                                                                                                  of 23 November 2000
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                 in Case C-319/99: Commission of the European Communi-
                                                                                                ties v French Republic (1)
                       of 23 November 2000
in Case C-135/99 (reference for a preliminary ruling from                  (Failure by a Member State to fulfil its obligations — Failure
the Bundessozialgericht): Ursula Elsen v Bundesver-                                        to transpose Directive 95/47/EC)
              sicherungsanstalt für Angestellte (1)
                                                                                                      (2001/C 79/04)
(Social security for migrant workers — Regulation (EEC)
No 1408/71 — Articles 3 and 10 and Annex VI, Section C,
point 19 — Old-age insurance — Validation of periods of                                        (Language of the case: French)
      child-rearing completed in another Member State)
                            (2001/C 79/03)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                   (Language of the case: German)
                                                                           In Case C-319/99: Commission of the European Communities
(Provisional translation; the definitive translation will be published     (Agent: M. Nolin) v French Republic (Agents: K. Rispal-
                    in the European Court Reports)                         Bellanger and A. Maitrepierre) — application for a declaration
                                                                           that, by not communicating within the prescribed period the
In Case C-135/99: reference to the Court under Article 177 of              laws, regulations and administrative provisions necessary to
the EC Treaty (now Article 234 EC) from the Bundessozialge-                comply with Directive 95/47/EC of the European Parliament
richt (Germany), for a preliminary ruling in the proceedings               and of the Council of 24 October 1995 on the use of standards