CELEX: C1998/258/51
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 25 June 1998 in Joined Cases T-371/94 and T-394/94: British Airways plc and Others and British Midland Airways Ltd v Commission of the European Communities (State aid - Air transport - Airline company in a critical financial situation - Authorisation for an increase in capital)

C 258/30             EN                  Official Journal of the European Communities                                  15.8.98
     does not receive taxable earned income or receives             Reference for a preliminary ruling from the Tribunal
     insignificant earned income, under national law the            Administratif de Chalons en Champagne (Administrative
     assessment is made in the name of both spouses, and,           Court, Chalons en Champagne) (First Chamber) by
     with the exception of earned income, the income of             judgment of that court of 23 June 1998 in the case of
     the spouses is aggregated with the income of the               Hugo Fernando Hocsman v Minister for Employment and
     spouse who receives more, and, where the income of                                       Solidarity
     a spouse is less than 30 % of the aggregate earned                                    (Case C-238/98)
     income of both spouses, there is attributed to him a
                                                                                            (98/C 258/50)
     portion of the earned income of the other spouse
     which, together with his own earned income, enables
     him to attain 30 % of that income, subject to a                Reference has been made to the Court of Justice of the
     maximum of BFR 270 000 (indexed), which may                    European Communities by a judgment of the Tribunal
     result, by virtue of the progressive nature of tax rates,      Administratif de Chalons en Champagne (First Chamber)
     in a reduction of the tax payable by the spouses?              of 23 June 1998, which was received at the Court Registry
                                                                    on 7 July 1998, for a preliminary ruling in the case of
                                                                    Hugo Fernando Hocsman v Minister for Employment and
(2) as prohibiting a Member State from refusing, by
                                                                    Solidarity on the following question:
     recourse to the separate taxation described under
     No 1, the benefit of the marital allowance for the             The Tribunal Administratif de Chalons en Champagne
     spouse of a European official, with the exception of           (First Chamber) seeks a preliminary ruling on the question
     those who declare that they receive earned income              whether an equivalence accorded by one Member State
     which is exempted under a convention, without                  means that another Member State is required to verify, on
     reservation as to progressive rates of taxation, of less       the basis of Article 52 of the Treaty of Rome, whether
     than BFR 270 000 (indexed), who does not receive               the experience and qualifications evidenced thereby
     non-exempted income of a sufficient amount for the             correspond to those required for the award of national
     benefit of the marital allowance to be totally offset          diplomas and other formal qualifications, in particular
     by the tax due by virtue of the aggregation of the             in the case where the person benefiting from such
     spouses' income and the progressive nature of the tax          equivalence holds a diploma providing evidence of
     rates'?                                                        specialist training acquired in a Member State and
                                                                    included in the scope of a directive concerning the mutual
                                                                    recognition of diplomas.
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           (United Kingdom), represented by Kevin F. Bodley,
                       of 25 June 1998                              Solicitor, and Konstantinos Adamantopoulos, of the
                                                                    Athens Bar, with an address for service in Luxembourg at
in Joined Cases T-371/94 and T-394/94: British Airways              the Chambers of ArseÁne Kronshagen, 12 Boulevard de la
plc and Others and British Midland Airways Ltd v                    Foire, supported in Case T-371/94 by Kingdom of
       Commission of the European Communities (1)                   Sweden, (Agent: Staffan Sandström), Kingdom of Norway,
(State aid Ð Air transport Ð Airline company in a critical          (Agent: Margit Tveiten), Maersk Air I/S, established in
financial situation Ð Authorisation for an increase in              Dragùer (Denmark), and Maersk Air Ltd, established in
                            capital)                                Birmingham (United Kingdom), represented by Roderic
                                                                    O'Sullivan and Philip Wareham, Solicitors, having an
                        (98/C 258/51)                               address for service in Luxembourg at the Chambers of
                                                                    Arendt & Medernach, 8-10 Rue Mathias Hardt, and in
               (Language of the cases: English)                     both cases, Kingdom of Denmark (Agent: Peter Biering)
                                                                    and United Kingdom of Great Britain and Northern
In Joined Cases T-371/94 and T-394/94: British Airways              Ireland (Agents: John E. Collins and Richard Plender) v
plc, established in Hounslow (United Kingdom),                      Commission of the European Communities (Agents:
Scandinavian Airlines System Denmark-Norway-Sweden,                 Nicholas Khan, Ben Smulders and Ami Barav), supported
established in Stockholm, Koninklijke Luchtvaart                    by French Republic (Agents: Marc Perrin de Brichambaut,
Maatschappij NV, established in Amstelveen (the                     Edwige Belliard, Catherine de Salins and Jean-Marc
Netherlands), Air UK Ltd, established in Stansted (United           Belorgey) and Compagnie Nationale Air France,
Kingdom), Euralair International, established in Bonneuil           established in Paris, represented by Olivier d'Ormesson, of
(France), TAT European Airlines, established in Tours               the Paris Bar, with an address for service in Luxembourg
(France), represented by Romano Subiotto, Solicitor, with           at the Chambers of Jacques Loesch, 11 Rue Goethe Ð
an address for service in Luxembourg at the Chambers of             application for the annulment of Commission Decision 94/
Elvinger, Hoss & Prussen, 15 Côte d'Eich, and British               653/EC of 27 July 1994 concerning the notified capital
Midland Airways Ltd, established in Castle Donington                increase of Air France (OJ L 254 of 30.9. 1994, p. 73) Ð
 ---pagebreak--- 15.8.98              EN                  Official Journal of the European Communities                                C 258/31
the Court (Second Chamber, Extended Composition),                   of 19 December 1994 adjusting, with effect from 1 July
composed of: C. W. Bellamy, President, K. Lenaerts, C. P.           1994, the remuneration and pensions of officials and other
BrieÈt, A. Kalogeropoulos and A. Potocki, Judges; J.                servants of the European Communities and the weightings
Palacio GonzaÂlez, Administrator, has given a judgment on           applied thereto (OJ L 335 of 23.12.1994, p. 1), and,
25 June 1998, in which it:                                          secondly, applications for the payment of arrears, together
                                                                    with default interest at the rate of 8 % Ð the Court of
1. Joins Cases T-371/94 and T-394/94 for the purposes of            First Instance (Second Chamber), composed of A.
     judgment;                                                      Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
                                                                    Judges; H. Jung, Registrar, gave a judgment on 7 July
2. Annuls Commission Decision 94/653/EC of 27 July                  1998, in which it:
     1994 concerning the notified capital increase of Air
     France;
                                                                    1. Dismisses the actions.
3. Orders the Commission to pay the costs, including
     those of the interveners Maersk Air I/S and Maersk
     Air Ltd;                                                       2. Orders the parties to bear their own costs.
4. Orders Compagnie Nationale Air France, the French                (1) OJ 1996 C 64.
     Republic, the Kingdom of Denmark, the United
     Kingdom of Great Britain and Northern Ireland, the
     Kingdom of Sweden and the Kingdom of Norway to
     bear their own costs.
(1) OJ C 386 of 31.12.1994 and C 392 of 31.12.1994.
                                                                         ORDER OF THE COURT OF FIRST INSTANCE
                                                                                           of 10 June 1998
                                                                    in Case T-116/95: Cementir-Cementerie del Tirreno SpA v
                                                                            Commission of the European Communities (1)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      (Second Chamber)                                  (Inadmissibility Ð Confirmatory act Ð Lis pendens)
                        of 7 July 1998                                                      (98/C 258/53)
in Joined Cases T-238/95, T-239/95, T-240/95, T-241/95
and T-242/95: Francesco Mongelli v Commission of
                the European Communities (1)                                       (Language of the case: Italian)
(Officials Ð Pensions Ð Weighting Ð Determination Ð
                        Exchange rate)                              In Case T-116/95: Cementir-Cementerie del Tirreno SpA,
                        (98/C 258/52)                               established in Rome, represented by Gian Michele Roberti
                                                                    and Antonio Tizzano, of the Naples Bar, with an address
                (Language of the case: Italian)                     for service in Luxembourg at the Chambers of Alain
                                                                    Lorang, 51 Rue Albert 1er, v Commission of the European
In Joined Cases T-238/95, T-239/95, T-240/95, T-241/95              Communities (Agent: Giuliano Marenco) Ð application
and T-242/95: Francesco Mongelli, former official of the            for annulment of a letter of 2 March 1995 from the
Commission of the European Communities, residing in                 Commission rejecting a request for reduction of the fine
Cecina (Italy), Alberto Castagnoli, former official of the          imposed on the applicant by Commission Decision 94/
Commission of the European Communities, residing in                 815/EC of 30 November 1994 relating to a proceeding
Segrate (Italy), Eduardo Capuano, former official of the            under Article 85 of the EC Treaty (Cases IV/33.126 and
Commission of the European Communities, residing at                 33.322 Ð Cement) (OJ L 343 of 30.12.1994, p. 1) Ð the
Rome, Vittorio Sadini, former official of the Commission            Court of First Instance (Fourth Chamber, Extended
of the European Communities, residing in Segrate (Italy),           Composition), composed of P. Lindh, President, and R.
and Lando Tinelli, former official of the Commission of             García-Valdecasas, K. Lenaerts, J. Azizi and M. Jaeger,
the European Communities, residing at Rome, represented             Judges; H. Jung, Registrar, made an order on 10 June
by Giuseppe Marchesini, advocate with the right of                  1998, the operative part of which is as follows:
audience before the Corte Suprema di Cassazione, with
an address for service in Luxembourg at the Chambers
of Ernst Arendt, 8-10 Rue Mathias Hardt, against                    1. The action is dismissed as inadmissible.
Commission of the European Communities (Agent:
Gianluigi Valsesia), supported by Council of European
Communities (Agents: Diego Canga Fano, Marco-                       2. The applicant shall pay the costs.
Umberto Moricca and Paolo Martino Cossu) Ð first,
application for annulment of the applicants' pension                (1) OJ C 208 of 12.8.1995.
statements in respect of the period from January 1995, in
so far as they apply the weighting fixed for Italy at 94.2
by Council Regulation (EC, Euratom, ECSC) No 3161/94