Judgment of the Court (First Chamber) of 20 September 2001 in Case C-370/00: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to incorporate Directives 96/49/EC and 96/87/EC into national law)
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Iceland, action for failure to fulfil an obligation, approximation of laws, rail transport, transport of dangerous goods

10.11.2001

EN

Official Journal of the European Communities

C 317/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 4 October 2001

in Case C-133/00 (reference for a preliminary ruling from
the Employment Appeal Tribunal, London): J. R. Bowden,
J. L. Chapman, J. J. Doyle v Tuffnells Parcels Express Ltd (1)

(Organisation of working time — Directive 93/104/EC —
Article 1(3) — Scope — Road transport)

(2001/C 317/11)

(Language of the case: English)

In Case C-133/00: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Employment
Appeal Tribunal, London, (United Kingdom), for a preliminary
ruling in the proceedings pending before that court between
J. R. Bowden, J. L. Chapman, J. J. Doyle and Tuffnells Parcels
Express Ltd — on the interpretation of Article 1(3) of Council
Directive 93/104/EC of 23 November 1993 concerning certain
aspects of the organisation of working time (OJ 1993 L 307,
p. 18) — the Court, composed of: M. Wathelet (Rapporteur),
President of the Chamber, P.
Judges;
A. Tizzano, Advocate General; L. Hewlett, Administrator, for
the Registrar, has given a judgment on 4 October 2001, in
which it has ruled:

Jann and L. Sevo´ n,

On a proper construction of Article 1(3) of Council Directive
93/104/EC of 23 November 1993 concerning certain aspects of the
organisation of working time, all workers employed in the road
transport sector, including office staff, are excluded from the scope of
that Directive.

(First Chamber)

of 20 September 2001

in Case C-370/00: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations — Failure
to incorporate Directives 96/49/EC and 96/87/EC into
national law)

(2001/C 317/12)

(Language of the case: English)

In Case C-370/00: Commission of the European Communities
(Agent: M. Wolfcarius) v Ireland (Agent: D.J. O’Hagan) —
application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/49/EC of 23 July 1996 on the
approximation of the laws of the Member States with regard
to the transport of dangerous goods by rail (OJ 1996 L 235,
p. 25) and Commission Directive 96/87/EC of 13 December
1996 adapting to technical progress Council Directive 96/49
(OJ 1996 L 335, p. 45), or by failing to inform the Commission
of those measures, Ireland has failed to fulfil its obligations
under those Directives — the Court (First Chamber), composed
of: M. Wathelet, President of the Chamber, P. Jann and L. Sevo´ n
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 20 September 2001, in
which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 96/49/EC of 23 July 1996 on the approximation of
the laws of the Member States with regard to the transport of
dangerous goods by rail and Commission Directive 96/87/EC
of 13 December 1996 adapting to technical progress Council
Directive 96/49/EC, Ireland has failed to fulfil its obligations
under those Directives.

2. Orders Ireland to pay the costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 335 of 25.11.2000.