CELEX: C1998/234/08
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT of 12 May 1998 in Case C-170/96: Commission of the European Communities, supported by the European Parliament v Council of the European Union, supported by the Kingdom of Denmark, French Republic and the United Kingdom of Great Britain and Northern Ireland (Act of the Council - Joint action regarding airport transit visas - Legal basis)

25.7.98               EN                  Official Journal of the European Communities                                      C 234/5
seeking to overcome social exclusion Ð the Court,                    Bellanger, Head of Subdirectorate in the same Directorate,
composed of: G. C. Rodríguez Iglesias, President, C.                 and Claude Chavance, Secretary for Foreign Affairs in the
Gulmann, H. Ragnemalm, M. Wathelet, R. Schintgen                     same Directorate, the United Kingdom of Great Britain
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho              and Northern Ireland, represented by John E. Collins Ð
de Almeida (Rapporteur), J. L. Murray, D. A. O. Edward,              application for annulment of the Joint Action of 4 March
J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges;           1996 adopted by the Council on the basis of Article K.3
G. Tesauro, Advocate General; L. Hewlett, Administrator,             of the Treaty on European Union on airport transit
for the Registrar, has given a judgment on 12 May 1998,              arrangements (96/197/JAI) (OJ 1996 L 63 of 19.3.1996,
in which it:                                                         p. 8) Ð the Court (Chamber), composed of: G. C.
                                                                     Rodríguez Iglesias, President, C. Gulmann, H.
                                                                     Ragnemalm, M. Wathelet and R. Schintgen, Presidents of
1. Annuls the decision referred to in the Commission's
                                                                     Chamber, G. F. Mancini, J. C. Moitinho de Almeida,
     press release of 23 January 1996 (IP/96/67)
                                                                     P. J. G. Kapteyn, (Rapporteur), J. L. Murray, D. A. O.
     announcing certain grants for European projects
                                                                     Edward, J.-P. Puissochet, G. Hirsch, P. Jann, L. Sevón and
     seeking to overcome social exclusion;
                                                                     K. M. Ioannou, Judges; N. Fennelly, Advocate General; D.
                                                                     Louterman-Hubeau, Principal Administrator, for the
2. Declares that the annulment of the abovementioned                 Registrar Ð has given a judgment on 12 May 1998, in
     decision shall not affect the validity of payments made         which it:
     or undertakings given under the contracts in issue;
                                                                     1. Dismisses the application;
3. Orders the Commission of the European Communities
     to pay the costs;                                               2. Orders the Commission of the European Communities
                                                                          to pay the costs;
4. Orders the Federal Republic of Germany, the                       3. Orders the Kingdom of Denmark, the French
     Kingdom of Denmark, the Council of the European                      Republic, the United Kingdom of Great Britain and
     Union and the European Parliament to bear their own                  Northern Ireland and the Parliament to bear their
     costs.                                                               own costs.
(1) OJ C 145 of 18.5.1996.                                           (1) OJ C 210 of 20.7.1996.
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        of 12 May 1998                                                      of 12 May 1998
                                                                     in Case C-367/96 (reference for a preliminary ruling from
in Case C-170/96: Commission of the European
                                                                     the Efeteio Ð Athinon): Alexandros Kefalas and Others v
Communities, supported by the European Parliament v
                                                                     Elliniko Dimosio (Greek State), Organismos Ikonomikis
Council of the European Union, supported by the
                                                                     Anasinkrotisis Epikhiriseon AE (OAE), intervener
Kingdom of Denmark, French Republic and the United
                                                                                Athinaiki Khartopiia AE and Others (1)
     Kingdom of Great Britain and Northern Ireland (1)
                                                                     (Company law Ð Public limited liability company in
(Act of the Council Ð Joint action regarding airport
                                                                     financial difficulties Ð Increase in the capital of the
                  transit visas Ð Legal basis)
                                                                     company by administrative decision Ð Abusive exercise of
                         (98/C 234/08)                                   a right arising from a provision of Community law)
                                                                                             (98/C 234/09)
                (Language of the case: French)
                                                                                     (Language of the case: Greek)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
          published in the European Court Reports)                            published in the European Court Reports)
In Case C-170/96: Commission of the European                         In Case C-367/96: reference to the Court under Article 177
Communities, represented by Pieter van Nuffel, supported             of the EC Treaty from the Efeteio Ð Athinon for a
by the European Parliament, represented by Johann                    preliminary ruling in the proceedings pending before that
Schoo, Head of Division in the Legal Service, and JoseÂ-             court between Alexandros Kefalas and Others and
Luis Rufas Quintana, v Council of the European Union,                Elliniko Dimosio (Greek State), Organismos Ikonomikis
represented by Julian Schutte, Director of the Legal                 Anasinkrotisis Epikhiriseon AE (OAE), intervener
Service, and Michael Bishop, supported by the Kingdom                Athinaiki Khartopiia AE and Others, on the interpretation
of Denmark, represented by Peter Biering, the French                 of Article 25 of the Second Council Directive 77/91/EEC
Republic, represented initially by Catherine de Salins,              of 13 December 1976 on coordination of safeguards
Head of Subdirectorate in the Legal Affairs Directorate of           which, for the protection of the interests of members and
the Ministry of Foreign Affairs, then by Kareen Rispal-              others, are required by Member States of companies