Epifanio Viscido (C-52/97), Mauro Scandella y otros (C-53/97) y Massimiliano Terragnolo y otros (C-54/97) contra Ente Poste Italiane.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Murray
• ECLI: ECLI:EU:C:1998:209
• Docket Number: C-52/97,,C-53/97,C-54/97
• Date: 07 May 1998
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

|

61997J0052

Judgment of the Court (Fourth Chamber) of 7 May 1998. - Epifanio Viscido (C-52/97), Mauro Scandella and Others (C-53/97) and Massimiliano Terragnolo and Others (C-54/97) v Ente Poste Italiane. - References for a preliminary ruling: Pretura circondariale di Trento - Italy. - Aid granted by Member States - Meaning - National law providing that only one public utility is relieved of the obligation of observing a rule of general application relating to fixed-term employment contracts. - Joined cases C-52/97, C-53/97 and C-54/97.

European Court reports 1998 Page I-02629

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

State aid - Meaning - Non-application to an undertaking of the generally applied rules concerning fixed-term employment contracts - Advantage granted without any transfer of public resources - Excluded

(EC Treaty, Art. 92(1))

Summary

A national provision which relieves only one undertaking of the obligation of complying with the generally applicable legislation concerning fixed-term employment contracts does not constitute State aid within the meaning of Article 92(1) of the Treaty provided that it does not involve any direct or indirect transfer of State resources to that undertaking.

Only advantages granted directly or indirectly through State resources are to be regarded as aid within the meaning of Article 92(1). The distinction made in that provision between `aid granted by a Member State' and aid granted `through State resources' does not signify that all advantages granted by a State, whether financed through State resources or not, constitute aid but is intended merely to bring within that definition both advantages which are granted directly by the State and those granted by a public or private body designated or established by the State.

Parties

In Joined Cases C-52/97, C-53/97 and C-54/97,

REFERENCE to the Court under Article 177 of the EC Treaty by the Pretura Circondariale, Trento (Italy), for a preliminary ruling in the proceedings pending before that court between

Epifanio Viscido (C-52/97),

Mauro Scandella and Others (C-53/97),

Massimiliano Terragnolo and Others (C-54/97)

and

Ente Poste Italiane,

on the interpretation of Articles 92(1) and 93 of the EC Treaty,

THE COURT

(Fourth Chamber),

composed of: H. Ragnemalm, President of the Chamber, J.L. Murray (Rapporteur), K.M. Ioannou, Judges,

Advocate General: F.G. Jacobs,

Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: ,

- the Italian Government, by Professor Umberto Leanza, Head of the Legal Service in the Ministry of Foreign Affairs, acting as Agent, and Danilo del Gaizo, Avvocato dello Stato,

- the German Government, by Ernst Röder, Ministerialrat in the Federal Ministry of Economic Affairs, and Bernd Kloke, Oberregierungsrat in the same ministry, acting as...