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.

Keywords Summary

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))

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.