CELEX: C1995/315/13
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 October 1995 in Case C-111/94 (reference for a preliminary ruling from the Tribunale Civile e Penale di Milano): non-contentious proceedings brought before that court by Job Centre Coop. arl (Natonal legislation prohibiting private undertakings from providing job placement for workers - Lack of jurisdiction of the Court)

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
 ---pagebreak--- No C 315/8            EN                     Official Journal of the European Communities                                   25 . 11 . 95
Civile e Penale di Milano in its order for reference of                                JUDGMENT OF THE COURT
31 March 1994 .
                                                                                                ( Sixth Chamber)
                                                                                              of 19 October 1995
(') OJ No C 161 , 11 . 6 . 1994 .                                       in Case C-137/94 ( reference for a preliminary ruling from
                                                                        the Divisional Court of the Queen's Bench Division of the
                                                                        High Court of Justice of England and Wales ): The Queen v.
                                                                        Secretary of State for Health, ex-parte Cyril
                                                                                                  Richardson (')
                                                                        (Equal treatment for men and women — Exemption from
                                                                        prescription charges — Scope of Directive 79/7/EEC —
                                                                        Link with pensionable age — Temporal effects of
             JUDGMENT OF THE COURT                                                                   judgment)
                       ( Fourth Chamber )                                                         ( 95/C 315/ 15 )
                    of 19 October 1995
in Case C-128/94 ( reference for a preliminary ruling from
                                                                                        (Language of the case: English)
the Bundesverwaltungsgericht ) Hans Honig v. Stadt
                            Stockach ( ! )
(Directive 88/166/EEC — Minimum standards for the
      protection of laying hens kept in battery cages)                  In Case C-137/94 : reference to the Court under Article 177
                                                                        of the EC Treaty from the Divisional Court of the Queen 's
                          ( 95/C 315/14 )
                                                                        Bench Division of the High Court of Justice of England and
                                                                        Wales for a preliminary ruling in the proceedings pending
                                                                        before that court between the Queen and the Secretary of
              (Language of the case: German)                            State for Health, ex-parte Cyril Richardson — on the
                                                                        interpretation of Council Directive 79/7/EEC of
                                                                        19 December 1978 on the progressive implementation of
(Provisional translation; the definitive translation will be            the principle of equal treatment for men and women in
        published in the European Court Reports)                        matters of social security ( OJ 1979 L 6 , p. 24 ) — the Court
                                                                        ( Sixth Chamber ), composed of: C. N. Kakouris, President of
                                                                        the Chamber, F. A. Schockweiler ( Rapporteur ), P. J. G.
In Case C-128/94 : reference to the Court under Article 177
                                                                        Kapteyn, J. L. Murray and H. Ragnemalm, Judges; M. B.
of the EC Treaty by the Bundesverwaltungsgericht for a                  Elmer , Advocate-General ; L. Hewlett, Administrator, for
preliminary ruling in the proceedings pending before that               the Registrar, gave a' judgment on 19 October 1995 , in
court between Hans Honig and Stadt Stockach — on the                    which it ruled :
interpretation of Article 3 ( 1 ) ( a ) of the Annex to Council
Directive 88/ 166/EEC of 7 March 1988 complying with the
judgment of the Court of Justice in Case 131 /86 ( annulment
of Council Directive 86/ 113/EEC of 25 March 1986 laying                 1 . Article 3 (1 ) of Council Directive 79/7/EEC of
down minimum standards for the protection of laying hens                     19 December 1978 on the progressive implementation
kept in battery cages ) ( OJ 1988 L 74, p. 83 ) — the Court                  of the principle of equal treatment for men and women
( Fourth Chamber ), composed of: C. N. Kakouris, President                   in matters of social security is to be interpreted as
of the Chamber, P. J. G. Kapteyn ( Rapporteur ), and J. L.                   meaning that a system such as that established by
Murray, Judges; Advocate-General : P. Leger, Registrar:                      Regulation 6 (1 ) of the National Health Service
H. A. Riihl, Principal Administrator, gave a judgment on                     (Charges for Drugs and Appliances) Regulations 1989,
 19 October 1995 , the operative part of which is as                         exempting various categories of persons, in particular
follows :                                                                    certain old people, from prescription charges falls
                                                                             within the scope of the Directive.
Article 3 (1 ) (a) of the Annex to Council Directive
88/1 66/EEC of 7 March 1 988 complying with the judgment
of the Court of Justice in Case 131 /86 (annulment of                   2 . Article 7 (1 ) (a) of Directive 79/7/EEC does not allow a
 Council Directive 86/113/EEC of 25 March 1986 laying                        Member State which, pursuant to that provision, has set
down minimum standards for the protection of laying hens                     the pensionble age for women at 60 years and for men at
kept in battery cages) is to be interpreted as permitting                    65 years also to provide that women are be exempt from
Member States to lay down stricter national rules regarding                  prescription charges at the age of 60 and men only at the
                                                                             age of 65.
cage area for laying hens kept in battery cages.
    OJ No C 174, 25 . 6. 1                                               ^ There is no reason to limit the temporal effect of this
                                                                             judgment, so that the direct effect of Article 4 (1 ) of
                                                                             Directive 79/7/EEC may also be relied on to support
                                                                             claims for damages in respect ofperiods prior to the date