Avis juridique important

Order of the Court (Sixth Chamber) of 24 April 1996. - Rendo NV, Centraal Overijsselse Nutsbedrijven NV and Regionaal Energiebedrijf Salland NV v Commission of the European Communities. - Rectification. - Case C-19/93 P. European Court reports 1996 Page I-01997

Parties Grounds Operative part

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In Case C-19/93 P,

Rendo NV, a company incorporated under Netherlands law, established in Hoogeveen (Netherlands),

Centraal Overijsselse Nutsbedrijven NV, a company incorporated under Netherlands law, established in Almelo (Netherlands),

Regionaal Energiebedrijf Salland NV, a company incorporated under Netherlands law, established in Deventer (Netherlands),

represented by T.R. Ottervanger, of the Rotterdam Bar, with an address for service in Luxembourg at the Chambers of S. Oostvogels, 13 Rue Aldringen,

appellants,

APPEAL against the judgment of the Court of First Instance of the European Communities (First Chamber) of 18 November 1992 in Case T-16/91 Rendo and Others v Commission [1992] ECR II-2417, seeking to have that judgment set aside,

the other party to the proceedings being:

Commission of the European Communities, represented by B.J. Drijber, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

supported by

Samenwerkende Elektriciteits-Produktiebedrijven NV, a company incorporated under Netherlands law, established in Arnhem (Netherlands), represented by M. van Empel and O.W. Brouwer, of the Amsterdam Bar, with an address for service in Luxembourg at the Chambers of M. Loesch, 8 Rue Zithe,

intervener,

THE COURT (Sixth Chamber),

composed of: C.N. Kakouris, President of the Chamber, F.A. Schockweiler (Rapporteur), P.J.G. Kapteyn, J.L. Murray and H. Ragnemalm, Judges,

Advocate General: G. Tesauro,

Registrar: L. Hewlett, Administrator,

after hearing the Opinion of the Advocate General,

makes the following

Order

1 On 19 October 1995, the Court (Sixth Chamber) delivered a judgment in Case C-19/93 P.

2 The judgment contains an obvious slip which it is appropriate for the Court to rectify of its own motion pursuant to Article 66 of the Rules of Procedure.

On those grounds,

THE COURT (Sixth Chamber)

hereby orders:

(1) Paragraph 15 shall read as follows:

"With regard to the second limb of the objection raised, the Court found in the Almelo and Others judgment that it was inconsistent with Article 85 of the Treaty, and likewise with Article 86, in so far as the national court had established the existence of a collective dominant position, for a regional electricity distributor to apply an exclusive purchasing clause contained in the general conditions of sale which prohibited a local distributor from importing electricity for public supply purposes. That judgment thus requires the national court to declare the clause in question null and void in the context of the contractual relationship between the parties to the main proceedings, in so far as it finds that the restriction of competition is not necessary in order to enable that undertaking to perform its task of general interest within the meaning of Article 90(2) of the Treaty."

(2) The original of this order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the judgment.

Luxembourg, 24 April 1996.