CELEX: C1998/234/05
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 May 1998 in Case C-366/95 (reference for a preliminary ruling from the Højesteret): Landbrugsministeriet - EF-Direktoratet v Steff-Houlberg Export I/S, Nowaco A/S et Nowaco Holding A/S, SMC af 31/12-1989 A/S (Community aid unduly paid - Recovery - Application of national law - Conditions and limits)

25.7.98                EN                   Official Journal of the European Communities                                      C 234/3
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        (Fourth Chamber)                                                      (Fifth Chamber)
                          of 7 May 1998                                                       of 12 May 1998
in Joined Cases C-52/97, C-53/97 and C-54/97                           in Case C-366/95 (reference for a preliminary ruling from
(references for a preliminary ruling from the Pretura                  the Hùjesteret): Landbrugsministeriet Ð EF-Direktoratet v
Circondariale, Trento): Epifanio Viscido, Mauro Scandella              Steff-Houlberg Export I/S, Nowaco A/S et Nowaco
and Others and Massimiliano Terragnolo and Others v                              Holding A/S, SMC af 31/12-1989 A/S (1)
                      Ente Poste Italiane (1)
                                                                       (Community aid unduly paid Ð Recovery Ð Application
(Aid granted by Member States Ð Meaning Ð National                               of national law Ð Conditions and limits)
law providing that only one public utility is relieved of the
obligation of observing a rule of general application                                          (98/C 234/05)
         relating to fixed-term employment contracts)
                          (98/C 234/04)
                                                                                      (Language of the case: Danish)
                 (Language of the case: Italian)
                                                                         (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-366/95: reference to the Court under Article 177
                                                                       of the EC Treaty from the Hùjesteret (Supreme Court)
                                                                       (Denmark), for a preliminary ruling in the proceedings
                                                                       pending before that court between Landbrugsministeriet
                                                                       Ð EF-Direktoratet and Steff-Houlberg Export I/S,
In Joined Cases C-52/97, C-53/97 and C-54/97: references               Nowaco A/S et Nowaco Holding A/S, SMC af 31/12-1989
to the Court under Article 177 of the EC Treaty from the               A/S Ð on the interpretation of Community law principles
Pretura Circondariale (District Magistrate's Court), Trento            applicable to measures taken by the national authorities
(Italy), for a preliminary ruling in the proceedings pending           for the recovery of export refunds unduly paid Ð the
before that court between Epifanio Viscido (C-52/97),                  Court (Fifth Chamber), composed of: C. Gulmann,
Mauro Scandella and Others (C-53/97), Massimiliano                     President of the Chamber, M. Wathelet, J. C. Moitinho de
Terragnolo and Others (C-54/97) and Ente Poste Italiane                Almeida, P. Jann (Rapporteur) and L. Sevón, Judges; A. La
Ð on the interpretation of Articles 92(1) and 93 of the EC             Pergola, Advocate General; L. Hewlett, Administrator, for
Treaty Ð the Court (Fourth Chamber), composed of:                      the Registrar, has given a judgment on 12 May 1998, in
H. Ragnemalm, President of the Chamber, J. L. Murray                   which it has ruled:
(Rapporteur), K. M. Ioannou, Judges; F. G. Jacobs,
Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 7 May 1998, in which
it has ruled:
                                                                       Community law does not in principle preclude a national
                                                                       rule from allowing non-recovery of Community aid
                                                                       unduly paid, regard being had to criteria such as
                                                                       negligence on the part of the national authorities and the
A national provision which relieves only one undertaking               fact that a considerable period of time has elapsed since
of the obligation of complying with the generally                      the payment of the aid in question, on condition that the
applicable legislation concerning fixed-term employment                good faith of the recipient is established and provided that
contracts does not constitute State aid within the meaning             the same conditions apply as for the recovery of purely
of Article 92(1) of the EC Treaty.                                     national payments and that the interests of the
                                                                       Community are fully taken into account.
(1) OJ C 108 of 5.4.1997.
                                                                       (1) OJ C 16 of 20.1.1996.