Judgment of the Court (Sixth Chamber) of 16 October 2001 in Joined Cases C-396/99 and C-397/99: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directives 90/388/EEC and 96/2/EC — Market for telecommunications services — Mobile and personal communications)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, liberalisation of the market, telecommunications, waveband

8.12.2001

EN

Official Journal of the European Communities

C 348/3

ley, and subsequently L.A. Farrell) — application for a declar-
ation that, by failing to take all the measures necessary to
ensure the correct implementation of Articles 2(d), 11 and 12
of Council Directive 86/609/EEC of 24 November 1986 on
the approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes
(OJ 1986 L 358, p. 1) and by failing to provide for an adequate
system of penalties for non-compliance with the requirements
of Directive 86/609/EEC, Ireland has failed to comply with the
Directive, in particular Article 25 thereof, and has failed to
fulfil its obligations under the EC Treaty, in particular Article 5
thereof (now Article 10 EC) — the Court (Fifth Chamber),
composed of: P. Jann, President of the Chamber, S. von Bahr,
D.A.O. Edward, A. La Pergola (Rapporteur) and C.W.A. Tim-
mermans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
for the Registrar, has given a judgment on 18 October 2001,
the operative part of which is as follows:

1.

By failing to adopt all the measures necessary to ensure the
correct
implementation of Articles 2(d), 11 and 12 of
Council Directive 86/609/EEC of 24 November 1986 on the
approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes,
and by failing to provide for an adequate system of penalties for
non-compliance with
of Directive
86/609/EEC, Ireland has failed to fulfil its obligations under
the Directive, in particular Article 25 thereof, and under the
EC Treaty, in particular Article 5 thereof (now Article 10 EC);

requirements

the

(Germany) for a preliminary ruling in the proceedings pending
before that court between Pensionskasse für die Angestellten
der Barmer Ersatzkasse VVaG and Hans Menauer — the
interpretation of Article 119 of the EC Treaty (Articles 117 to
120 of the EC Treaty have been replaced by Articles 136 EC
to 143 EC) — the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, C. Gulmann,
J.-P. Puissochet and V. Skouris (Rapporteur), Judges; A. Tiz-
zano, Advocate General; R. Grass, Registrar, has given a
judgment on 9 October 2001, in which it has ruled:

Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
have been replaced by Articles 136 EC to 143 EC) must be
interpreted to the effect
that bodies such as German pension
funds (‘Pensionskassen’) entrusted with providing benefits under an
occupational pension scheme are required to ensure equal treatment
between men and women, even if the employees discriminated against
on the basis of sex have, as against those directly liable, namely their
employers in their capacity as parties to their employment contracts,
a protected right
insolvency that excludes all
discrimination.

in the event of

(1) OJ C 366 of 18.12.1999.

2.

Ireland is ordered to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 352 of 4.12.1999.

(Sixth Chamber)

of 16 October 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 October 2001

in Case C-379/99 (reference for a preliminary ruling
from the Bundesarbeitsgericht): Pensionskasse für die
Angestellten der Barmer Ersatzkasse VVaG v Hans Menau-
er (1)

(Equal pay for men and women — Occupational pensions
— Pension funds entrusted with carrying out the employer’s
obligation as regards payment of a supplementary pension —
Survivor’s pension)

(2001/C 348/05)

(Language of the case: German)

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

In Case C-379/99: reference to the Court under Article 234
(Federal Labour Court)
EC from the Bundesarbeitsgericht

in Joined Cases C-396/99 and C-397/99: Commission of
the European Communities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 90/388/EEC and 96/2/EC — Market for telecom-
munications services — Mobile and personal communi-
cations)

(2001/C 348/06)

(Language of the case: Greek)

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

In Joined Cases C-396/99 and C-397/99: Commission of the
European Communities (Agents: B. Doherty and D. Triantafyl-
lou) v Hellenic Republic (Agents: N. Dafniou and S. Chala) —
application for a declaration that, by failing to take, within the
prescribed period, all the measures necessary to comply with
Article 2(1) (Case C-396/99) and Article 2(2) (Case C-397/99)
of Commission Directive 96/2/EC of 16 January 1996
amending Directive 90/388/EEC with regard to mobile and

C 348/4

EN

Official Journal of the European Communities

8.12.2001

personal communications (OJ 1996 L 20, p. 59), in conjunc-
tion with the second and third paragraphs of Article 3a of
Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services
(OJ 1990 L 192, p. 10) as amended by Directive 96/2/EC, the
Helenic Republic failed to fulfil its obligations under the EC
Treaty and those Directives — the Court (Sixth Chamber),
composed of: N. Colneric, President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann
(Rapporteur), R. Schintgen, V. Skouris, and J.N. Cunha Rodri-
gues,
Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 16 October 2001,
in which it:

1. Declares that by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Article 2(1) and (2) of Commission Directive
96/2/EC of 16 January 1996 amending Directive
90/388/EEC with regard to mobile and personal communi-
cations, in conjunction with the second and third paragraphs of
Article 3a of Commission Directive 90/388/EEC of 28 June
1990 on competition in the markets for telecommunications
services, the Hellenic Republic failed to fulfil its obligations
under those Directives;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 6 of 8.1.2000, OJ C 366 of 18.12.1999.

Journal of

(Agents: E. De Persio and D. Triantafyllou) — application for
annulment of the Commission decision, notified to the Italian
Republic by letter SG(99) D/6463 of 6 August 1999, published
in the Official
the European Communities of
23 October 1999 (OJ 1999 C 306, p. 2), to initiate the
procedure under Article 88(2) EC concerning State aid C 64/99
(ex NN 68/99) — Italyl — granted to undertakings in the
Tirrenia di Navigazione group, in so far as that decision rules
on the suspension of the aid in question — the Court,
composed of: G.C. Rodrı´guez Iglesias, President, P.
Jann,
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola,
(Rapporteur),
L. Sevo´ n, M. Wathelet, V. Skouris and J.N. Cunha Rodrigues,
Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
Deputy Registrar, for the Registrar, has given a judgment on
9 October 2001, in which it:

J.-P. Puissochet

1. Dismisses the application by the Commission of the European
Communities, based on Article 91(1) of the Rules of Procedure
of the Court of Justice, for a declaration that there is no need to
adjudicate or that the action is inadmissible;

2. Declares that the proceedings are to continue as to the substance

of the case;

3.

Reserves the costs.

(1) OJ C 20 of 22.1.2000.

JUDGMENT OF THE COURT

of 9 October 2001

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 October 2001

in Case C-400/99: Italian Republic v Commission of the
European Communities (1)

in Case C-441/99 (reference for a preliminary ruling
from the Högsta domstolen): Riksskatteverket v Soghra
Gharehveran (1)

(Action for annulment — State aid — Aid to a maritime
transport undertaking — Public service contract — Exiting
aid or new aid — Initiation of the procedure under
Article 88(2) EC — Obligation to suspend — No need to
adjudicate or inadmissibility)

(2001/C 348/07)

(Language of the case: Italian)

(Directive 80/987/EEC — Approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer — Scope of the
exclusion relating to Sweden provided for in point G of
Section I of the Annex to the Directive — Designation of the
State as liable to pay guaranteed wage claims — Effect on
Directive 80/987/EEC)

(2001/C 348/08)

(Language of the case: Swedish)

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

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

In Case C-400/99: Italian Republic (Agent: U. Leanza, assisted
by P.G. Ferri) v Commission of the European Communities

In Case C-441/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Högsta domstolen