Judgment of the Court (Fourth Chamber) of 21 June 2001 in Case C-119/00: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/36/EC amending Directive 89/552/EEC — Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities)
Date: 2001-08-11
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, broadcasting, television

11.8.2001

EN

Official Journal of the European Communities

C 227/5

2.

the review to the detriment of

The application by the competent institution of a Member State
of Article 95a(4), (5) and (6) of Regulation No 1408/71 to
a request for review of a retirement pension, thus limiting the
retroactivity of
the person
concerned, constitutes a serious breach of Community law if
those provisions are not applicable to the application in question
and if it follows from a judgment delivered by the Court of
Justice before the decision by the competent institution that the
institution wrongly applied and anti-overlapping rule of that
Member State, and where it cannot be inferred from that
judgment that the retroactive effect of such a review could be
limited.

1. Declares that by not implementing within the prescribed period
the laws, regulations and administrative measures necessary to
comply with Directive 97/36/EC of the European Parliament
and of
the Council of 30 June 1997 amending Council
Directive 89/552/EEC on the coordination of certain provisions
laid down by law, regulation or administrative action in
Member States concerning the pursuit of television broadcasting
activities, the Grand Duchy of Luxembourg has failed to fulfil
its obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 21 June 2001

in Case C-119/00: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure by a Member State to fulfil its obligations —
Failure to implement Directive 97/36/EC amending Directive
89/552/EEC — Coordination of certain provisions laid down
by law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activities)

(2001/C 227/07)

(Language of the case: French)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 3 July 2001

in Case C-378/98: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations — State
aid — Article 93(2), second subparagraph, of the EC Treaty
(now Article 88(2), second subparagraph, EC) — Obligation
to recover aid granted under the Maribel bis and Maribel ter
schemes — Impossible to put into effect)

(2001/C 227/08)

(Language of the case: French)

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

In Case C-119/00: Commission of the European Communities
(Agent: K. Banks) v Grand Duchy of Luxembourg (Agent:
P. Steinmetz) — application for a declaration that, by failing
to adopt the laws, regulations and administrative provisions
necessary to comply with Directive 97/36/EC of the European
Parliament and of the Council of 30 June 1997 amending
Council Directive 89/552/EEC on the coordination of certain
provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television
broadcasting activities (OJ 1997 L 202, p. 60), and/or by
failing to inform the Commission thereof, the Grand Duchy of
Luxembourg 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. Eward (Rapporteur)
and S. von Bahr, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 21 June 2001, in
which it:

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

In Case C-378/98: Commission of the European Communities
(Agent: G. Rozet) v Kingdom of Belgium (Agent: A. Snoecx,
assisted by G. van Gerven and K. Coppenholle) — application
for a declaration that, by failing to adopt within the periods
prescribed for under the Maribel bis/ter scheme which was
declared unlawful and incompatible with the common market
by Commission Decision 97/239/EC of 4 December 1996
concerning aid granted by Belgium under the Maribel bis/ter
scheme (OJ 1997 L 95, p. 25), notified to it on 20 December
1996, the Kingdom of Belgium has failed to fulfil its obligations
under the fourth paragraph of Article 189 of the EC Treaty
(now the fourth paragraph of Article 249 EC) and Articles 2
and 3 of the said decision — the Court (Sixth Chamber),
composed of: C. Gulmann, President of
the Chamber,
J.-P. Puissochet, R. Schintgen, F. Macken and N. Colneric
(Rapporteur), Judges; A. Tizzano, Advocate General; D. Louter-
man-Hubeau, Head of Division, for the Registrar, has given a
judgment on 3 July 2001, in which it: