Judgment of the Court (Sixth Chamber) of 8 March 2001 in Case C-278/99 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Criminal proceedings against Georgius van der Burg (Technical standards and regulations — Non-approved transmitting equipment — Advertising)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: advertising, broadcasting, free movement of goods, interpretation of the law

C 173/16

EN

Official Journal of the European Communities

16.6.2001

Article 19(1) of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community, as amended and updated by Council
Regulation (EC) No 118/97 of 2 December 1996, and the
corresponding provisions of the other sections of Chapter 1 of Title III
of that regulation preclude entitlement to Pflegegeld (care allowance)
under the Bundespflegegeldgesetz (Austrian Federal Law on care
allowance) from being subject to the condition that the person reliant
on care must be habitually resident in Austria.

1. Declares that, by failing to take the necessary measures to
ensure that
the quality of surface water intended for the
abstraction of drinking water conforms to the values laid down
pursuant to Article 3 of Council Directive 75/440/EEC of
16 June 1975 concerning the quality required of surface water
intended for the abstraction of drinking water in the Member
States, the French Republic has failed to fulfil its obligations
under Article 4 of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 226 of 7.8.1999.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 March 2001

in Case C-266/99: Commission of the European Communi-
ties v French Republic (1)

(Failure of Member State to fulfil its obligations — Quality
of surface water intended for the abstraction of drinking
water — Directive 75/440/EEC — Conditions of drinking
water abstraction in Brittany)

(2001/C 173/26)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-266/99: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-
Bellanger and D. Colas) — application for a declaration that,
by failing to take the necessary measures to ensure that the
quality of surface water intended for the abstraction of drinking
water complied with the standards laid down under Article 3
of Council Directive 75/440/EEC of 16 June 1975 concerning
the quality required of surface water intended for the abstrac-
tion of drinking water in the Member States (OJ 1975 L 194,
p. 26), the French Republic failed to fulfil its obligations under
that directive, and in particular Article 4 thereof — the Court
(Sixth Chamber), composed of: C. Gulmann, President of
the Chamber, V. Skouris, J.-P. Puissochet, R. Schintgen and
F. Macken (Rapporteur), Judges; C. Stix-Hackl, Advocate Gen-
eral; L. Hewlett, Administrator, for the Registrar, has given a
judgment on 8 March 2001, in which it:

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 March 2001

in Case C-278/99 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Criminal proceedings
against Georgius van der Burg (1)

(Technical standards and regulations — Non-approved
transmitting equipment — Advertising)

(2001/C 173/27)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-278/99: reference to the Court under Article 234 of
the EC Treaty from the Hoge Raad der Nederlanden (Nether-
lands) for a preliminary ruling in the criminal proceedings
pending before that court against Georgius van der Burg — on
the interpretation of Article 1 of Council Directive 83/189/EEC
of 28 March 1983 laying down a procedure for the provision
of information in the field of technical standards and regu-
lations (OJ 1983 L 109, p. 8) — the Court (Sixth Chamber),
composed of: C. Gulmann (Rapporteur), President of the
Chamber, V. Skouris, J.-P. Puissochet, R. Schintgen and N. Col-
Judges; D. Ruiz-Jarabo Colomer, Advocate General;
neric,
R. Grass, Registrar, has given a judgment on 8 March 2001, in
which it has ruled:

16.6.2001

EN

Official Journal of the European Communities

C 173/17

National legislation such as Article C.11.1(1) of the Besluit radio-
elektrische inrichtingen, which prohibits commercial advertising for
transmitting equipment of a non-approved type, does not constitute,
for the purposes of Council Directive 83/189/EEC of 28 March
1983 laying down a procedure for the provision of information in
the field of technical standards and regulations, a technical regulation
which should have been notified to the Commission prior to its
adoption.

(1) OJ C 265 of 18.9.1999.

1. Declares that, by failing to adopt, within the prescribed periods,
all the laws, regulations and administrative provisions necessary
to comply with the provisions referred to in the first subpara-
graph of Article 4(1) of Council Directive 96/43/EC of 26 June
1996 amending and consolidating Directive 85/73/EEC in
order to ensure financing of veterinary inspections and controls
on live animals and certain animal products and amending
Directives 90/675/EEC and 91/496/EEC, the Federal Repub-
lic of Germany has failed to fulfil its obligations under that
subparagraph;

2. Dismisses the remainder of the action;

3. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(First Chamber)

of 8 March 2001

in Case C-316/99: Commission of the European Communi-
ties v Federal Republic of Germany(1)

(Failure by a Member State to fulfil its obligations —
Directive 96/43/EC — Failure to transpose within the
prescribed period)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 March 2001

in Case C-97/00: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 97/52/EC)

(2001/C 173/28)

(2001/C 173/29)

(Language of the case: German)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-316/99: Commission of the European Communities
(Agent: K.-D. Borchardt) v Federal Republic of Germany
(Agents: W.-D. Plessing and C.-D. Quassowski) — application
for declaration that, by failing to adopt within the prescribed
period all the measures necessary to comply with Council
Directive 96/43/EC of 26 June 1996 amending and consolidat-
ing Directive 85/73/EEC in order to ensure financing of the
veterinary inspections and controls on live animals and certain
animal products and amending Directives 90/675/EEC and
91/496/EEC (OJ 1996 L 162, p. 1), the Federal Republic of
Germany has failed to fulfil its obligations under the EC Treaty
and that directive — the Court (First Chamber), composed of:
M. Wathelet, President of the Chamber, P. Jann (Rapporteur)
and L. Sevo´ n, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 8 March 2001, in which it:

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-97/00: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-
Bellanger and S. Pailler) — application for a declaration
that, by failing to communicate the laws, regulations and
administrative provisions necessary to comply with all the
provisions of European Parliament and Council Directive
97/52/EC of 13 October 1997 amending Directives
92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
nation of procedures for the award of public service contracts,
public supply contracts and public works contracts respectively
(OJ 1997 L 328, p. 1), or by failing to adopt the measures
necessary to comply therewith, the French Republic has failed
to fulfil its obligations under that directive — the Court (Fourth
Chamber), composed of: A. La Pergola, President of
the
Chamber, D.A.O. Edward and S. von Bahr (Rapporteur),
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
given a judgment on 8 March 2001, in which it: