CELEX: C2001/348/07
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court of 9 October 2001 in Case C-400/99: Italian Republic v Commission of the European Communities (Action for annulment — State aid — Aid to a maritime transport undertaking — Public service contract — Exiting aid or new aid — Initiation of the procedure under Article 88(2) EC — Obligation to suspend — No need to adjudicate or inadmissibility)

C 348/4                   EN                      Official Journal of the European Communities                                            8.12.2001
personal communications (OJ 1996 L 20, p. 59), in conjunc-                   (Agents: E. De Persio and D. Triantafyllou) — application for
tion with the second and third paragraphs of Article 3a of                   annulment of the Commission decision, notified to the Italian
Commission Directive 90/388/EEC of 28 June 1990 on                           Republic by letter SG(99) D/6463 of 6 August 1999, published
competition in the markets for telecommunications services                   in the Official Journal of the European Communities of
(OJ 1990 L 192, p. 10) as amended by Directive 96/2/EC, the                  23 October 1999 (OJ 1999 C 306, p. 2), to initiate the
Helenic Republic failed to fulfil its obligations under the EC               procedure under Article 88(2) EC concerning State aid C 64/99
Treaty and those Directives — the Court (Sixth Chamber),                     (ex NN 68/99) — Italyl — granted to undertakings in the
composed of: N. Colneric, President of the Second Chamber,                   Tirrenia di Navigazione group, in so far as that decision rules
acting for the President of the Sixth Chamber, C. Gulmann                    on the suspension of the aid in question — the Court,
(Rapporteur), R. Schintgen, V. Skouris, and J.N. Cunha Rodri-                composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,
gues, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                      F. Macken, N. Colneric and S. von Bahr (Presidents of
R. Grass, Registrar, has given a judgment on 16 October 2001,                Chambers), A. La Pergola, J.-P. Puissochet (Rapporteur),
in which it:                                                                 L. Sevón, M. Wathelet, V. Skouris and J.N. Cunha Rodrigues,
                                                                             Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
                                                                             Deputy Registrar, for the Registrar, has given a judgment on
1.    Declares that by failing to adopt, within the prescribed period,       9 October 2001, in which it:
      all the laws, regulations and administrative provisions necessary
      to comply with Article 2(1) and (2) of Commission Directive
      96/2/EC of 16 January 1996 amending Directive                          1.    Dismisses the application by the Commission of the European
      90/388/EEC with regard to mobile and personal communi-                       Communities, based on Article 91(1) of the Rules of Procedure
      cations, in conjunction with the second and third paragraphs of              of the Court of Justice, for a declaration that there is no need to
      Article 3a of Commission Directive 90/388/EEC of 28 June                     adjudicate or that the action is inadmissible;
      1990 on competition in the markets for telecommunications
      services, the Hellenic Republic failed to fulfil its obligations       2.    Declares that the proceedings are to continue as to the substance
      under those Directives;                                                      of the case;
                                                                             3.    Reserves the costs.
2.    Orders the Hellenic Republic to pay the costs.
                                                                             (1) OJ C 20 of 22.1.2000.
(1) OJ C 6 of 8.1.2000, OJ C 366 of 18.12.1999.
                                                                                                JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                  (Fifth Chamber)
                                                                                                      of 18 October 2001
                          of 9 October 2001
                                                                             in Case C-441/99 (reference for a preliminary ruling
in Case C-400/99: Italian Republic v Commission of the                       from the Högsta domstolen): Riksskatteverket v Soghra
                     European Communities (1)                                                            Gharehveran (1)
(Action for annulment — State aid — Aid to a maritime                        (Directive 80/987/EEC — Approximation of the laws of the
transport undertaking — Public service contract — Exiting                    Member States relating to the protection of employees in the
aid or new aid — Initiation of the procedure under                           event of the insolvency of their employer — Scope of the
Article 88(2) EC — Obligation to suspend — No need to                        exclusion relating to Sweden provided for in point G of
                   adjudicate or inadmissibility)                            Section I of the Annex to the Directive — Designation of the
                                                                             State as liable to pay guaranteed wage claims — Effect on
                                                                                                     Directive 80/987/EEC)
                            (2001/C 348/07)
                                                                                                         (2001/C 348/08)
                      (Language of the case: Italian)
                                                                                                 (Language of the case: Swedish)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                          (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-400/99: Italian Republic (Agent: U. Leanza, assisted               In Case C-441/99: reference to the Court under Article 177 of
by P.G. Ferri) v Commission of the European Communities                      the EC Treaty (now Article 234 EC) from the Högsta domstolen