CELEX: C1999/020/13
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 26 November 1998 in Case C-370/96 (reference for a preliminary ruling from the Diikitiko Efetio Thessalonikis): Covita AVE v. Elliniko Dimosio (Greek State) (Regulation (EEC) No 1591/92 - Countervailing charge on cherries originating in Bulgaria - Entry in the accounts - Post-clearance recovery)

C 20/8                EN                  Official Journal of the European Communities                                    23.1.1999
In so far as he has available a job with the same employer,          State and operates the only nationwide newspaper
a Turkish national in that situation is thus entitled to             home-delivery scheme in that Member State to allow the
demand the renewal of his residence permit in the host               publisher of a rival newspaper, which by reason of its
Member State, even if, pursuant to the legislation of that           small circulation is unable either alone or in cooperation
Member State, the activity pursued by him was restricted             with other publishers to set up and operate its own
to a limited group of persons, was intended to facilitate            home-delivery scheme in economically reasonable
their integration into working life and was financed by              conditions, to have access to that scheme for appropriate
public funds.                                                        remuneration does not constitute the abuse of a dominant
                                                                     position within the meaning of Article 86 of the EC
                                                                     Treaty.
(1) OJ C 74, 8.3.1997.
                                                                     (1) OJ C 74, 8.3.1997.
               JUDGMENT OF THE COURT
                       (Sixth Chamber)
                    of 26 November 1998
                                                                                    JUDGMENT OF THE COURT
in Case C-7/97 (reference for a preliminary ruling from
the Oberlandesgericht Wien): Oscar Bronner GmbH &                                           (Second Chamber)
Co. KG v. Mediaprint Zeitungs- und Zeitschriftenverlag
GmbH & Co. KG, Mediaprint Zeitungsvertriebs-                                             of 26 November 1998
gesellschaft mbH & Co. KG and Mediaprint
          Anzeigengesellschaft mbH & Co. KG (1)
                                                                     in Case C-370/96 (reference for a preliminary ruling from
(Article 86 of the EC Treaty Ð Abuse of a dominant                   the Diikitiko Efetio Thessalonikis): Covita AVE v. Elliniko
position Ð Refusal of a media undertaking holding a                                     Dimosio (Greek State) (1)
dominant position in the territory of a Member State to
include a rival daily newspaper of another undertaking in            (Regulation (EEC) No 1591/92 Ð Countervailing charge
the same Member State in its newspaper home-delivery                 on cherries originating in Bulgaria Ð Entry in the
                            scheme)                                              accounts Ð Post-clearance recovery)
                        (1999/C 20/12)                                                        (1999/C 20/13)
               (Language of the case: German)
                                                                                     (Language of the case: Greek)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-7/97: Reference to the Court under Article 177
                                                                              published in the European Court Reports)
of the EC Treaty by the Oberlandesgericht Wien (Austria)
in the proceedings pending before that court between
Oscar Bronner GmbH & Co. KG v. Mediaprint Zeitungs-
und Zeitschriftenverlag GmbH & Co. KG, Mediaprint
Zeitungsvertriebsgesellschaft mbH & Co. KG and                       In Case C-370/96, reference to the Court under Article 177
Mediaprint Anzeigengesellschaft mbH & Co. KG Ð for a                 of the EC Treaty by the Diikitiko Efetio Thessalonikis
preliminary ruling on the interpretation of Article 86 of            (Greece) for a preliminary ruling in the proceedings
the EC Treaty Ð the Court (Sixth Chamber), composed                  pending before that court between Covita AVE and
of: P. J. G. Kapteyn, President of the Chamber, J. L.                Elliniko Dimosio (Greek State) Ð on the interpretation of
Murray, H. Ragnemalm, R. Schintgen (Rapporteur) and                  Article 13 of Council Regulation (EEC) No 1430/79 of
K. M. Ioannou, Judges; Advocate-General: F. G. Jacobs;               2 July 1979 on the repayment or remission of import or
Registrar: H. A. Rühl, Principal Administrator, has given a          export duties (OJ L 175, 12.7.1979, p. 1), Article 5(2) of
judgment on 26 November 1998, in which it has ruled:                 Council Regulation (EEC) No 1697/79 of 24 July 1979 on
                                                                     the post-clearance recovery of import duties or export
                                                                     duties which have not been required of the person liable
The refusal by a press undertaking which holds a very                for payment on goods entered for a customs procedure
large share of the daily newspaper market in a Member                involving the obligation to pay such duties (OJ L 197,
 ---pagebreak--- 23.1.1999             EN                Official Journal of the European Communities                                  C 20/9
3.8.1979, p. 1), Articles 3 and 5 of Council Regulation                          JUDGMENT OF THE COURT
(EEC) No 1854/89 of 14 June 1989 on the entry in the
accounts and terms of payment of the amounts of the                                    of 1 December 1998
import duties or export duties resulting from a customs
debt (OJ L 186, 30.6.1989, p. 1), and of Commission
Regulation (EEC) No 1591/92 of 22 June 1992                        in Case C-326/96 (reference for a preliminary ruling from
introducing a countervailing charge on cherries originating        the Employment Appeal Tribunal, London: B. S. Levez v.
in Bulgaria (OJ L 168, 23.6.1992, p. 18) Ð the Court                          T. H. Jennings (Harlow Pools) Ltd (1)
(Second Chamber), composed of: G. Hirsch (Rapporteur),
President of Chamber, G. F. Mancini and R. Schintgen,              (Social policy Ð Men and women Ð Equal pay Ð
Judges; N. Fennelly, Advocate-General; L. Hewlett,                 Article 119 of the EC Treaty Ð Directive 75/117/EEC Ð
Administrator, for the Registrar, has given a judgment on          Remedies for breach of the prohibition on discrimination
26 November 1998 in which it has ruled:                            Ð Pay arrears Ð Domestic legislation placing a two-year
                                                                   limit on awards for the period prior to the institution of
                                                                             proceedings Ð Similar domestic actions)
1. The countervailing charge imposed by Commission                                        (1999/C 20/14)
    Regulation (EEC) No 1591/92 of 22 June 1992
    introducing a countervailing charge on cherries
    originating in Bulgaria also applies to cherries
    intended for industrial processing.
                                                                                  (Language of the case: English)
2. A trader who has accumulated some experience of
    import and export transactions and who is aware, in
    particular, of the imminent risk of a countervailing
    charge being introduced cannot, if that charge is
    actually introduced, benefit from the provisions of
    Article 5(2) of Council Regulation (EEC) No 1697/79            In Case C-326/96: reference to the Court under Article 177
    of 24 July 1979 on the post-clearance recovery of              of the EC Treaty by the Employment Appeal Tribunal,
    import duties or export duties which have not been             London, for a preliminary ruling in the proceedings
    required of the person liable for payment on goods             pending before that court between B. S. Levez and T. H.
    entered for a customs procedure involving the                  Jennings (Harlow Pools) Ltd Ð on the interpretation of
    obligation to pay such duties or of Article 13 of              Article 119 of the EC Treaty, and Articles 2 and 6 of
    Council Regulation (EEC) No 1430/79 of 2 July 1979             Council Directive 75/117/EEC of 10 February 1975 on the
    on the repayment or remission of import or export              approximation of the laws of the Member States relating
    duties if he could have informed himself as to the             to the application of the principle of equal pay for men
    actual introduction of the charge by consulting the            and women (OJ L 45, 19.2.1975, p. 19) Ð the Court,
    Official Journal of the European Communities and               composed of: G. C. Rodríguez Iglesias, President, J.-P.
    failed to do so.                                               Puissochet, G. Hirsch and P. Jann, Presidents of
                                                                   Chambers, G. F. Mancini (Rapporteur), J. C. Moitinho de
                                                                   Almeida, J. L. Murray, D. A. O. Edward, H. Ragnemalm,
                                                                   R. Schintgen and K. M. Ioannou, Judges; P. LeÂger,
                                                                   Advocate-General; H. A. Rühl, Principal Administrator,
3. Failure to observe the time-limits laid down in                 for the Registrar, has given a judgment on 1 December
    Articles 3 and 5 of Council Regulation (EEC)                   1998 in which it has ruled:
    No 1854/89 of 14 June 1989 on the entry in the
    accounts and terms of payment of the amounts of the
    import duties or export duties resulting from a
    customs debt does not nullify the right of competent
    customs authorities to proceed with the post-clearance
    recovery of customs duties, provided that it is carried
    out within the time-limit laid down in Article 2(1) of         1. Community law precludes the application of a rule of
    Regulation (EEC) No 1697/79.                                       national law which limits an employee's entitlement to
                                                                       arrears of remuneration or damages for breach of the
                                                                       principle of equal pay to a period of two years prior
(1) OJ C 74, 8.3.1997.                                                 to the date on which the proceedings were instituted,
                                                                       there being no possibility of extending that period,
                                                                       where the delay in bringing a claim is attributable to
                                                                       the fact that the employer deliberately misrepresented
                                                                       to the employee the level of remuneration received by
                                                                       persons of the opposite sex performing like work.