CELEX: C2001/079/18
Language: en
Date: 2001-03-10 00:00:00
Title: Order of the Court of 12 October 2000 in Case C-278/00 R: Hellenic Republic v Commission of the European Communities (Interim measures — Suspension of operation — State aid)

C 79/10                 EN                      Official Journal of the European Communities                                     10.3.2001
                    ORDER OF THE COURT                                     band der landwirtschaftlichen Krankenkassen (5) Verband
                                                                           der Angestellten-Krankenkassen e.V. (6) AEV — Arbeiter-
                        of 12 October 2000                                 Ersatzkassen-Verband e.V. (7) Seekrankenkasse and (8) Bundes-
                                                                           knappschaft, joined parties: (1) Federal Republic of Germany,
in Case C-278/00 R: Hellenic Republic v Commission of                      and (2) Bundesausschuss der Ärzte und Krankenkassen on the
                 the European Communities (1)                              following questions:
 (Interim measures — Suspension of operation — State aid)                  1.   Must statutory sickness funds and the associations thereof
                                                                                which are subject to State supervision be regarded as
                           (2001/C 79/18)                                       undertakings or associations of undertakings within the
                                                                                meaning of Article 81 et seq. EC for the purpose of the
                                                                                joint determination of the level of uniform fixed amounts
                     (Language of the case: Greek)                              for medicinal products to which the funds’ liability is
                                                                                limited in relation to the insured persons?
(Provisional translation: the definitive translation will be published     2.   If the answer to the first question is in the affirmative,
                   in the European Court Reports)                               does determination of a fixed amount as referred to in
                                                                                the first question constitute an agreement which restricts
In Case C-278/00 R: Hellenic Republic (Agents: I. Chalkias and                  competition within the meaning of Article 81(1) EC?
C. Tsiavou) v Commission of the European Communities
(Agents: J. Flett and D. Triantafyllou) — application for
                                                                           3.   Do Articles 81 and 86 EC preclude legislation giving
suspension of operation, primarily, of Commission Decision
                                                                                social security funds and associations thereof the power
E(2000) 686 final of 1 March 2000 relating to the aid
                                                                                to determine fixed amounts of the kind referred to in the
schemes implemented by Greece in order to regulate debts of
                                                                                first question for medicinal products?
agricultural cooperatives in the years 1992 and 1994 including
aid for the reorganisation of the dairy cooperative AGNO,
alternatively of Article 2 of that decision — the President of
the Court has made an order on 12 October 2000, the
operative part of which is as follows:
1.    The application for interim measures is dismissed.
2.    The costs are reserved.
                                                                           Action brought on 13 December 2000 by the Commission
                                                                           of the European Communities against the Italian Republic
(1) OJ C 259 of 9.9.2000.
                                                                                                    (Case C-455/00)
                                                                                                     (2001/C 79/20)
Reference for a preliminary ruling from the Landessozial-                  An action against the Italian Republic was brought before the
gericht Nordrhein-Westfalen by order of that court of                      Court of Justice of the European Communities on 13 December
28 September 2000 in the case of Merz + Co. GmbH &                         2000 by the Commission of the European Communities,
Co. v (1) AOK Bundesverband (2) Bundesverband der                          represented by Antonio Aresu, of its Legal Service, acting as
Betriebskrankenkassen (3) IKK-Bundesverband (4) Bun-                       Agent, with an address for service in Luxembourg at the office
desverband der landwirtschaftlichen Krankenkassen                          of Carlos Gómez de la Cruz, of its Legal Service, Wagner
(5)Verband der Angestellten-Krankenkassen e.V. (6) AEV                     Centre, Kirchberg.
— Arbeiter-Ersatzkassen-Verband e.V. (7) Seekrankenkas-
se and (8) Bundesknappschaft, joined parties: (1) Federal
Republic of Germany, and (2) Bundesausschuss der Ärzte                    The applicant claims that the Court should:
                        und Krankenkassen
                                                                           —    Declare that the Italian Republic has failed to fulfil its
                          (Case C-428/00)                                       obligations under Article 9(1) to (3) of Council Directive
                                                                                90/270/EEC (1) of 29 May 1990 on the minimum safety
                           (2001/C 79/19)                                       and health requirements for work with display screen
                                                                                equipment (fifth individual Directive within the meaning
Reference has been made to the Court of Justice of the                          of Article 16(1) of Directive 89/391/EEC) (2), inasmuch as
European Communities by order of the Landessozialgericht                        it:
Nordrhein-Westfalen (Higer Social Court of North Rhine-
Westphalia) of 28 September 2000, which was received at the                     (a)   does not ensure regular eye and eyesight tests for all
Court Registry on 20 November 2000, for a preliminary ruling                          workers who use display screen equipment within
in the case of (1) AOK Bundesverband (2) Bundesverband der                            the meaning of Article 2(c) of the abovementioned
Betriebskrankenkassen (3) IKK-Bundesverband (4) Bundesver-                            directive;