CELEX: C1997/131/03
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT of 11 March 1997 in Case C-264/95 P: Commission of the European Communities v. Union internationale des chemins de fer (UIC) (Appeal - Competition - Transport by rail - Legal basis for a decision - Regulation No 1017/68 - Scope)

No C 131 /2                 EN                 Official Journal of the European Communities                                      26 . 4 . 97
interpretation of Council Directive 77/187/EEC of                         with an address for service in Luxembourg at the
14 February 1977 on the approximation of the laws of the                  Chambers of Aloyse May, 31 Grand-rue — the Court,
Member States relating to the safeguarding of employees '                 composed of: G. C. Rodriguez Iglesias, President, G. F.
rights in the event of transfers of undertakings, businesses              Mancini, J. C. Moitinho de Almeida and J. L. Murray
or parts of businesses ( 2 ) — the Court, composed of: G. C.              ( Presidents of Chambers ), P. J. G. Kapteyn, C. Gulmann,
Rodriguez Iglesias, President, J. C. Moitinho de Almeida,                 D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann
J. L. Murray and L. Sevón ( Presidents of Chambers ),                     ( Rapporteur ) and M. Wathelet, Judges; C. O. Lenz,
P. J. G. Kapteyn, C. Gulmann, D. A. O. Edward, J. -P.                     Advocate-General; R. Grass, Registrar, has given a
Puissochet ( Rapporteur), G. Hirsch, P. Jann and H.                       judgment on 11 March 1997, in which it:
Ragnemalm, Judges; A. La Pergola, Advocate-General; D.
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 11 March 1997, in                      1 . Dismisses the appeal.
which it has ruled :
                                                                          2 . Orders the Commission to pay the costs.
Article 1 (1 ) of Council Directive 77/187/EEC of
 14 February 1977 on the approximation of the laws of the                 C ) OJ No C 248 , 23 . 9 . 1995 , p . 10 .
Member States relating to the safeguarding of employees '
rights in the event of transfers of undertakings, businesses
or parts of businesses is to be interpreted as meaning that
the Directive does not apply to a situation in which a
person who had entrusted the cleaning of his premises to a
first undertaking terminates his contract with the latter
and, for the performance of similar work, enters into a                                   JUDGMENT OF THE COURT
new contract with a second undertaking, if there is no                                            of 11 March 1997
 concomitant transfer from one undertaking to the other of
significant tangible or intangible assets or taking over by               in Case C-357/95 P: Empresa Nacional de Urânio SA
 the new employer of a major part of the workforce, in                        (ENU ) v. Commission of the European Communities (')
 terms of their numbers and skills, assigned by his                        (Appeal — EAEC — Supply — Right of option and
predecessor to the performance of the contract.                            exclusive right of the Euratom Supply Agency to conclude
                                                                           contracts for the supply of ores, source materials and
 (') OJ No C 54, 4 . 3 . 1995 , p . 12 .                                   special fissile materials — Infringement of the rules of the
 ( 2 ) OJ No L 61 , 5 . 3 . 1977, p . 26 .                                 Treaty — Community preference — Principles of good
                                                                           faith and legitimate expectations — Non-contractual
                                                                                                          liability)
                                                                                                      ( 97/C 131/04 )
                  JUDGMENT OF THE COURT                                                  (Language of the case: Portuguese)
                             of 11 March 1997
 in Case C-264/95 P: Commission of the European                               (Provisional translation; the definitive translation will be
 Communities v. Union Internationale des chemins de fer                              published in the European Court Reports)
                                   (UIC) n
  (Appeal — Competition — Transport by rail — Legal                        In Case C-357/95 P: Empresa Nacional de Urânio SA
    basis for a decision — Regulation No 1017/68 — Scope)                   (ENU), a company incorporated under Portuguese law,
                               ( 97/C 131 /03                              established at Urgeiriça, Nelas (Portugal ), represented by
                                                                           João Mota de Campos and João Luis dos Reis Mota de
                                                                            Campos, of the Lisbon Bar, with an address for service in
                   (Language of the case: French)                           Luxembourg at the office of Joaquim Calvo Basáran,
                                                                            34 boulevard Ernest Feltgen — appeal against the
                                                                            judgment of the Court of First Instance ( Second Chamber,
      (Provisional translation; the definitive translation will be
                                                                            Extended Composition) of 15 September 1995 in Joined
             published in the European Court Reports)                       Cases T-458/93 and T-523/93 ENU v. Commission [ 19951
                                                                            ECR 11-2459 , seeking to have that judgment set aside, the
  In Case C-264/95 P: Commission of the European                            other party to the proceedings being: Commission of the
  Communities (Agent: Giuliano Marenco ) — appeal                           European Communities ( Agents : Antonio Caeiro and
  against the judgment of the Court of First Instance (Third                Jürgen Grunwald ) — the Court, composed of: G. C.
  Chamber, Extended Composition ) of 6 June 1995 in Case                    Rodriguez Iglesias, President, G. F. Mancini, J. L. Murray
  T- 14/93     Union internationale        des chemins    de  fer v.        and L. Sevón ( Presidents of Chambers ), C. N. Kakouris,
  Commission [ 1995] ECR 11-1503 , seeking to have that                     D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, H.
  judgment set aside, the other party to the proceedings                    Ragnemalm and M. Wathelet ( Rapporteur ), Judges; N.
  being: Union internationale des chemins de fer (UIC ), an                 Fennelly, Advocate-General; H. A. Rühl, Principal
  association of railway companies, having its head office in               Administrator, for the Registrar, has given a judgment on
  Paris, represented by Chantal Momége, of the Paris Bar,                    11 March 1997, in which it: