CELEX: C1998/340/26
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Joined Cases T-374/94, T-375/94, T-384/94 and T-388/94: European Night Services Ltd (ENS) and Others v. Commission of the European Communities (Competition - Transport by rail - Agreements on overnight rail services through the Channel Tunnel - Restrictions on competition - Directive 91/440/EEC - Appreciable effect on trade - Supply of necessary services - 'Essential facilities' - Statement of reasons - Admissibility)

7.11.98              EN                 Official Journal of the European Communities                                  C 340/15
    comply      with    Directive     96/97/EC     on    the       Pleas in law and main arguments adduced in support:
    implementation of the principle of equal treatment for
    men and women in occupational social security                  Under the third paragraph of Article 189 of the EC Treaty
    schemes (1), the French Republic has failed to fulfil its      and Article 5 of the EC Treaty, together with Article 3 of
    obligations under that directive;                              Council Directive 96/97/EC, the French Republic was
                                                                   required to conform with that directive by 1 July 1997.
Ð order the French Republic to pay the costs.                      (1) OJ L 46 of 17.2.1997, p. 20.
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          21 September 1994 relating to a proceeding pursuant to
                                                                   Article 85 of the EC Treaty and Article 53 of the EEA
                   of 15 September 1998                            Agreement (IV/34.600 Ð Night Services) (OJ L 259 of
in Joined Cases T-374/94, T-375/94, T-384/94 and                   7.10.1994, p. 20) Ð the Court of First Instance (Second
T-388/94: European Night Services Ltd (ENS) and Others             Chamber), composed of: A. Kalogeropoulos, President,
      v. Commission of the European Communities (1)                C. W. Bellamy and J. Pirrung, Judges; H. Jung, Registrar,
                                                                   has given a judgment on 15 September 1998, in which it:
(Competition Ð Transport by rail Ð Agreements on
overnight rail services through the Channel Tunnel Ð
Restrictions on competition Ð Directive 91/440/EEC Ð               1. annuls       Commission       Decision    94/663/EC    of
Appreciable effect on trade Ð Supply of necessary services             21 September 1994 relating to a proceeding pursuant
Ð Essential facilities' Ð Statement of reasons Ð                      to Article 85 of the EC Treaty and Article 53 of the
                       Admissibility)                                  EEA Agreement (IV/34.600 Ð Night Services);
                       (98/C 340/26)
                                                                   2. orders the Commission to pay the costs;
         (Language of the case: English and French)
                                                                   3. orders the United Kingdom of Great Britain and
                                                                       Northern Ireland, as intervener, to bear its own costs.
In Joined Cases T-374/94: European Night Services Ltd              (1) OJ C 392 of 31.12.1994 and OJ C 386 of 31.12.1994.
(ENS), established in London, T-375/94: Eurostar (UK)
Ltd, formerly European Passenger Services Ltd (EPS),
established in London, represented by Thomas Sharpe
QC, of the Bar of England and Wales, and Alexandre
Nourry, Solicitor, with an address for service in
Luxembourg at the Chambers of Elvinger, Hoss &
Prussen, 15 Côte d'Eich, supported by SocieÂteÂ Nationale
des Chemins de Fer FrancËais (SNCF), established in Paris,           JUDGMENT OF THE COURT OF FIRST INSTANCE
represented by Chantal MomeÁge, of the Paris Bar, with an                              of 15 September 1998
address for service in Luxembourg at the Chambers of
Alex Schmitt, 62 Avenue Guillaume, T-384/94: Union                 in Case T-11/95: BP Chemicals Limited v. Commission of
Internationale des Chemins de Fer (UIC), established in                            the European Communities (1)
Paris, and NV Nederlandse Spoorwegen (NS), established             (State aid Ð Action for annulment Ð Time-limits Ð
in Utrecht, the Netherlands, represented by Erik H.                Persons individually concerned Ð Private market economy
Pijnacker Hordijk, of the Amsterdam Bar, with an address           investor principle Ð Opening of the procedure provided
for service in Luxembourg at the Chambers of Luc                                 for in Article 93(2) of the Treaty)
Frieden, 62 Avenue Guillaume, and T-388/94: SocieÂteÂ
Nationale des Chemins de Fer FrancËais (SNCF),                                             (98/C 340/27)
established in Paris, represented by Chantal MomeÁge, of
the Paris Bar, with an address for service in Luxembourg
at the Chambers of Alex Schmitt, 62 Avenue Guillaume,                             (Language of the case: English)
supported by United Kingdom of Great Britain and
Northern Ireland (Agents: Lindsey Nicoll and Paul Lasok),
against Commission of the European Communities                     In Case T-11/95: BP Chemicals Limited, established in
(Agents: initially Francisco Enrique GonzaÂlez Díaz, then          London, represented by James Flynn, Barrister, of the Bar
Giuliano Marenco and Ami Barav) Ð application for                  of England and Wales, and Alec Burnside, Solicitor, with
annulment of Commission Decision 94/663/EC of                      an address for service in Luxembourg at the Chambers of