Judgment of the Court (Second Chamber) of 14 February 2001 in Case C-219/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Failure not contested — Directive 95/16/EC)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, harmonisation of standards, hoisting equipment, product safety

C 173/6

EN

Official Journal of the European Communities

16.6.2001

Bremen for a preliminary ruling in the proceedings pending
before that court between Wolfgang Lange and Georg Schüne-
mann GmbH — on the interpretation of Council Directive
91/533/EEC of 14 October 1991 on an employer’s obligation
to inform employees of the conditions applicable to the
contract or employment relationship (OJ 1991 L 288 p. 32)
— the Court (Fifth Chamber), composed of: A. La Pergola
the Chamber, M. Wathelet,
(Rapporteur), President of
D.A.O. Edward, P. Jann and L. Sevo´ n, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 8 February 2001, in which
it has ruled:

1. Article 2(2)(i) of Council Directive 91/533/EEC of 14 October
1991 on an employer’s obligation to inform employees of the
conditions applicable to the contract or employment relationship
must be interpreted as not relating to the working of overtime.
However, it is clear from Article 2(1) of that Directive that the
employer is obliged to notify the employee of any term having
the nature of an essential element of the contract or employment
relationship and requiring the employee to work overtime
whenever requested to do so by his employer. That information
must be notified under the same conditions as those laid down
the elements expressly mentioned in
by the Directive for
Article 2(2) thereof. It may, where appropriate, by analogy
with the rule which applies, in particular, to normal working
hours by virtue of Article 2(3) of the Directive, take the form of
a reference to the relevant laws, regulations and administrative
or statutory provisions or collective agreements.

2. No provision of Directive 91/533 requires an essential element
of the contract or employment relationship that has not been
mentioned in a written document delivered to the employee or
has not been mentioned therein with sufficient precision to be
regarded as inapplicable.

3. Where an employer fails to comply with his obligation under
Directive 91/533 to provide information, that directive does
not require the national court to apply, or refrain from applying,
principles of national law under which the proper taking of
evidence is deemed to have been obstructed where a party to the
proceedings has not complied with his legal obligations to
provide information.

(1) OJ C 333 of 20.11.1999.

JUDGMENT OF THE COURT

(Second Chamber)

of 14 February 2001

in Case C-219/99: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil its obligations — Failure
not contested — Directive 95/16/EC)

(2001/C 173/09)

(Language of the case: French)

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

In Case C-219/99: Commission of the European Communities
(Agent: H. van Lier) v French Republic (Agents: K. Rispal-
Bellanger and D. Colas) — application for a declaration that,
by failing to adopt the laws, regulations and administrative
provisions necessary to comply with European Parliament
and Council Directive 95/16/EC of 29 June 1995 on the
approximation of the laws of the Member States relating to
lifts (OJ 1995 L 213, p. 1), the French Republic has failed to
fulfil its obligations under that directive — the Court (Second
Chamber), composed of: V. Skouris, President of the Chamber,
R. Schintgen and N. Colneric (Rapporteur), Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 14 February 2001, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with European Parliament and Council Directive
95/16/EC of 29 June 1995 on the approximation of the laws
of the Member States relating to lifts, the French Republic has
failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 226 of 7.8.1999.