Judgment of the Court (Sixth Chamber) of 3 May 2001 in Case C-347/98: Commission of the European Communities v Kingdom of Belgium (Failure by a State to fulfil its obligations — Social security — Regulation (EEC) No 1408/71 — Article 13(2)(f) — Legislation of a Member State providing for social security contributions to be levied on occupational disease benefits payable to persons who do not reside in that State and are no longer subject to its social security scheme)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, disability insurance, migrant worker, occupational disease

14.7.2001

EN

Official Journal of the European Communities

C 200/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 3 May 2001

(Sixth Chamber)

of 3 May 2001

in Case C-306/98 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s
Bench Division (Divisional Court)): The Queen v Minister
of Agriculture, Fisheries and Food, Secretary of State for
the Environment (1)

(Directive 91/414/EEC — Plant protection products —
Authorisation for placing on the market — Assessment of
an application for authorisation — Transitional period)

in Case C-347/98: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a State to fulfil its obligations — Social security
— Regulation (EEC) No 1408/71 — Article 13(2)(f) —
Legislation of a Member State providing for social security
contributions to be levied on occupational disease benefits
payable to persons who do not reside in that State and are
no longer subject to its social security scheme)

(2001/C 200/15)

(Language of the case: English)

(2001/C 200/16)

(Language of the case: French)

In Case C-306/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Div-
isional Court) (United Kingdom) for a preliminary ruling in the
proceedings pending before that court between The Queen
and Minister of Agriculture, Fisheries and Food, Secretary of
State for the Environment, ex parte: Monsanto plc, intervener:
I Pi Ci SpA, Clayton Plant Protection Ltd and British Agrochem-
icals Association Ltd (BAA) — on the interpretation of
Articles 8(2) and (3) and 13(6) of Council Directive
91/414/EEC of 15 July 1991 concerning the placing of plant
protection products on the market (OJ 1991 L 230, p. 1) —
the Court, composed of: C. Gulmann (Rapporteur), President
of the Chamber, J.-P. Puissochet and R. Schintgen, Judges;
P. Léger, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 3 May 2001, in which it
has ruled:

Article 8(3) of Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the market
does not apply where, pursuant to Article 8(2) of the directive, an
application is submitted to a Member State for first authorisation to
place on the market a generic plant protection product containing an
active substance not listed in Annex I to the abovementioned directive,
which is already on the domestic market two years after notification
of that directive, with the consequence that that Member State is not
under an obligation to assess such an application in accordance with
the requirements laid down in Article 4(1)(b)(i) to (v), and (c) to (f),
of that directive.

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

In Case C-347/98: Commission of the European Communities
(Agents: D. Gouloussis and P. Hillenkamp) v Kingdom of
Belgium (Agent: A. Snoecx, assisted by E. Gillet and G. Vander-
sanden), supported by Kingdom of the Netherlands (Agents:
M.A. Fierstra and I. van der Steen) — application for a
declaration that, by levying personal contributions of 13,07 %
on Belgian occupational disease pensions payable to persons
who do not reside in Belgium and are no longer subject to the
Belgian social security scheme, the Kingdom of Belgium has
failed to fulfil its obligations under Article 13(2)(f) 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 (OJ
1997 L 28, p. 1) — the Court (Sixth Chamber), composed
of: C. Gulmann, President of the Chamber, V. Skouris, J.-
P. Puissochet, R. Schintgen (Rapporteur) and N. Colneric,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has
given a judgment on 3 May 2001, in which it:

1. Dismisses the application;

2. Orders the Commission of the European Communities to pay

the costs;

3. Orders the Kingdom of the Netherlands to bear its own costs.

(1) OJ C 299 of 26.9.1998.

(1) OJ C 340 of 7.11.1998.