CELEX: C2000/006/01
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 September 1999 in Case C-22/98 (reference for a preliminary ruling from the Hof van Beroep te Gent): criminal proceedings against Jean Claude Becu, Annie Verweire, Smeg NV, Adia Interim NV (Competition — National legislation allowing only "recognised dockers" to perform certain dock duties — Meaning of "undertaking" — Special or exclusive rights)

8.1.2000                EN                      Official Journal of the European Communities                                                 C 6/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82
                                                                             EC), must be interpreted as meaning that it does not confer on
                         (Sixth Chamber)                                     individuals the right to oppose the application of legislation of a
                                                                             Member State which requires them to have recourse, for the
                      of 16 September 1999                                   performance of dock work, exclusively to recognised dockers such as
                                                                             those referred to in the Belgian Law of 8 June 1972 organising dock
                                                                             work, and to pay those dockers remuneration far in excess of the
in Case C-22/98 (reference for a preliminary ruling from                     wages of their own employees or the wages which they pay to other
the Hof van Beroep te Gent): criminal proceedings against                    workers.
Jean Claude Becu, Annie Verweire, Smeg NV, Adia Interim
                               NV (1)
                                                                             (1) OJ No C 94 of 28.3.1998.
(Competition — National legislation allowing only ‘recog-
nised dockers’ to perform certain dock duties — Meaning of
          ‘undertaking’ — Special or exclusive rights)
                           (2000/C 6/01)
                                                                                               JUDGMENT OF THE COURT
                    (Language of the case: Dutch)
                                                                                                    of 21 September 1999
(Provisional translation; the definitive translation will be published       in Case C-67/96 (reference for a preliminary ruling from
                   in the European Court Reports)                            the Kantongerecht, Arnhem): Albany International BV v
                                                                                 Stichting Bedrijfspensioenfonds Textielindustrie (1)
In Case C-22/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Hof van Beroep                   (Compulsory affiliation to a sectoral pension scheme —
(Court of Appeal), Ghent, Belgium, for a preliminary ruling in               Compatibility with competition rules — Classification of a
the criminal proceedings pending before that court against                               sectoral pension fund as an undertaking)
Jean Claude Becu, Annie Verweire, Smeg NV, Adia Interim NV
— on the interpretation of Article 90(1) and (2) of the EC                                               (2000/C 6/02)
Treaty (now Article 86(1) and (2) EC), read in conjunction
with Article 6 of the EC Treaty (now, after amendment, Article
12 EC) and Articles 85 and 86 of the EC Treaty (now Articles                                      (Language of the case: Dutch)
81 EC and 82 EC) — the Court (Sixth Chamber), composed of:
P.J.G. Kapteyn, President of the Chamber, J.L. Murray and
R. Schintgen (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,                   (Provisional translation; the definitive translation will be published
Advocate General; D. Louterman-Hubeau, Principal Adminis-                                        in the European Court Reports)
trator, for the Registrar, has given a judgment on 16 September
1999, in which it has ruled:                                                 In Case C-67/96: reference to the Court under Article 177 of
                                                                             the EC Treaty (now Article 234 EC) from the Kantongerecht,
Article 90(1) of the EC Treaty (now Article 86(1) EC), read in               Arnhem, Netherlands, for a preliminary ruling in the proceed-
conjunction with the first paragraph of Article 6 of the EC Treaty           ings pending before that court between Albany International
(now, after amendment, the first paragraph of Article 12 EC), and            BV and Stichting Bedrijfspensioenfonds Textielindustrie — on