CELEX: C1995/137/04
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT of 5 April 1995 in Case C-103/94 (reference for a preliminary ruling from the Tribunal des Affaires de Sécurité Sociale, Nanterre (France)): Zoulika Krid v. Caisse Nationale d'Assurance Vieillesse des Travailleurs Salariés (CNAVTS) (EEC-Algeria Cooperation Agreement - Article 39 (1) - Direct effect - Principle of non-discrimination - Scope - Widow of Algerian worker who had been employed in a Member State - Supplementary allowance from the National Solidarity Fund)

No C 137/2              EN                  Official Journal of the European Communities                                       3 . 6 . 95
  89/661 /EEC of 31 May 1989 concerning aid provided by                  1 . declares that, by failing to abolish and recover within the
 the Italian Government to Alfa Romeo, an undertaking in                      prescribed period the aid paid to the ENI-Lanerossi
 the motor vehicle sector (2 ) — the Court, composed of G. C.                 Group (now SNAM SpA) in the amount of Lit 260,4
 Rodriguez Iglesias, President, F. A. Schockweiler                            thousand million, the Italian Republic has failed to fulfil
  ( Rapporteur) ( President of Chamber ), G. F. Mancini, J. C.                its obligations under Commission Decision 89/43/EEC
 Moitinho de Almeida, J. L. Murray, D. A. O. Edward and                       of 26 July 1988 on aids granted by the Italian
J. -P. Puissochet, Judges; F. G. Jacobs, Advocate-General; L.                 Government to ENI-Lanerossi;
 Hewlett, Administrator, for the Registrar, has given a
 judgment on 4 April 1995 , in which it:
                                                                        2 . dismisses the remainder of the application;
  1 . declares that, by failing to abolish and recover within the
       prescribed period the aid improperly paid to the Alfa            3 . orders the Italian Republic to pay the costs.
       Romeo Group in the amount of Lit 615,1 thousand
       million plus default interest calculated from                    (') OJ No C 222 , 18 . 8 . 1993 .
       30 September 1989 to the date of payment of the                  ( 2 ) OJ No L 16 , 20 . 1 . 1989 , p . 52 .
       amount in question, the Italian Republic has failed to
       fulfil its obligations under Commission Decision
       89/661 /EEC of 31 May 1989 concerning aid provided
       by the Italian Government to Alfa Romeo, an
       undertaking in the motor vehicle sector;
 2 . dismisses the remainder of the application;                                        JUDGMENT OF THE COURT
                                                                                                   of 5 April 1995
 3 . orders the Italian Republic to pay the costs.                      in Case C-103/94 (reference for a preliminary ruling from
                                                                        the Tribunal des Affaires de Sécurité Sociale, Nanterre
 (') OJ No C 231 , 27 . 8 . 1993 .                                      (France)): Zoulika Krid v. Caisse Nationale d'Assurance
 ( 2 ) OJ No L 394, 30 . 12 . 1989 , p . 9 .                                   Vieillesse des Travailleurs Salariés ( CNAVTS ) i})
                                                                        (EEC-Algeria Cooperation Agreement — Article 39 (1) —
                                                                        Direct effect — Principle ofnon-discrimination — Scope —
                                                                         Widow of Algerian worker who had been employed in a
                                                                        Member State — Supplementary allowance from the
                                                                                            National Solidarity Fund)
                 JUDGMENT OF THE COURT
                                                                                                    ( 95/C 137/04 )
                          of 4 April 1995
in Case C-350/93 : Commission of the European
               Communities v. Italian Republic ( J )                                     (Language of the case: French)
 (Failure of a Member State to fulfil its obligations — State
aid incompatible with the common market — Recovery —                    (Provisional translation; the definitive translation will be
                     Public holding company)                                       published in the European Court Reports)
                           ( 95/C 137/03 )
                                                                       In Case C-103/94 : reference to the Court under Article 177
                  (Language of the case: Italian)                      of the EC Treaty from the Tribunal des Affaires de Securite
                                                                       Sociale ( Social Security Court), Nanterre ( France ) for a
(Provisional translation; the definitive translation will be           preliminary ruling in the proceedings pending before that
                                                                       court      between    Zoulika       Krid     and Caisse Nationale
           published in the European Court Reports)
                                                                       d'Assurance Vieillesse des Travailleurs Salaries ( CNAVTS )
                                                                       — on the interpretation of Article 39 ( 1 ) of the Cooperation
In Case C-350/93 : Commission of the European                          Agreement between the European Economic Community
Communities (Agents : Antonino Abate and Vittorio di                   and the People's Democratic Republic of Algeria, signed in
Bucci ) v. Italian Republic (Agent: Luigi Ferrari Bravo ) —            Algiers on 26 April 1976 and approved on behalf of the
application for a declaration that, by failing to abolish and          Community by Council Regulation ( EEC ) No 2210/78 of
recover within the prescribed period the aid paid to the               26 September 1978 (2 ) — the Court, composed of G. C.
ENI-Lanerossi Group ( now SNAM SpA ) in the amount of                  Rodriguez Iglesias, President, F. A. Schockweiler
Lit 260,4 thousand million, the Italian Republic has failed to         ( Rapporteur ) and C. Gulmann ( Presidents of Chambers ),
fulfil its obligations under Commission Decision 89/43/EEC             G. F. Mancini, C. N. Kakouris, J. C. Moitinho de Almeida,
of 26 July 1988 on aids granted by the Italian Government              J. L Murray, D. A. O. Edward, J.-P. Puissochet, G. Hirsch
to ENI-Lanerossi ( 2 ) — the Court, composed of G. C.                  and L. Sevon, Judges; G. Tesauro, Advocate-General; L.
Rodriguez Iglesias, President, F. A. Schockweiler                      Hewlett, Administrator, for the Registrar, has given a
( Rapporteur ) ( President of Chamber ), G. F. Mancini, J. C.          judgment on 5 April 1995 , in which it:
Moitinho de Almeida , J. L. Murray, D. A. O. Edward and
J.-P. Puissochet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                 Article 39 (1 ) of the Cooperation Agreement between the
judgment on 4 April 1995 , in which it:                                European Economic Community and the People 's
 ---pagebreak--- 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 :