Judgment of the Court (Fifth Chamber) of 18 October 2001 in Case C-441/99 (reference for a preliminary ruling from the Högsta domstolen): Riksskatteverket v Soghra Gharehveran (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)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: Sweden, employer, financial solvency, interpretation of the law, labour law, pay policy

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

8.12.2001

EN

Official Journal of the European Communities

C 348/5

(Supreme Court), Sweden for a preliminary ruling in the
proceedings pending before that court between Riksskattever-
ket and Soghra Gharehveran — on the interpretation of
Council Directive 80/987/EEC of 20 October 1980 on the
approximation of the laws of the Member States relating to
the protection of employees in the event of the insolvency of
their employer (OJ 1980 L 283, p. 23), as amended by the Act
concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1,
p. 1) — the Court (Fifth Chamber), composed of: P. Jann,
President of the Chamber, A. La Pergola (Rapporteur), L. Sevo´ n,
M. Wathelet and C.W.A. Timmermans, Judges; L.A. Geelhoed,
Advocate General; R. Grass, for the Registrar, has given a
judgment on 18 October 2001, in which it has ruled:

1.

the Annex to Council Directive
Point G of Section I of
80/987/EEC of 20 October 1980 on the approximation of
the laws of the Member States relating to the protection of
employees in the event of the insolvency of their employer, as
amended by the Act concerning the conditions of accession of
the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden and the adjustments to the Treaties on
which the European Union is founded, is to be interpreted as
not allowing the Kingdom of Sweden to exclude from the group
of persons covered by the wage payment guarantee provided for
by the Directive employees whose close relative owned, less than
six months before the petition in insolvency, at least 20 % of
the shares of the company employing them, when the employees
concerned did not themselves have any share in the capital of
that company.

2. Where a Member State has designated itself as liable to fulfil
the obligation to meet wage and salary claims guaranteed under
Directive 80/987/EEC, an employee whose spouse was owner
of the company employing her is entitled to rely on the right to
claim pay against the Member State concerned before a national
court, notwithstanding the fact that, in breach of the Directive,
the legislation of that Member State expressly excludes from the
group of persons covered by the guarantee employees whose
close relative was owner of at least 20 % of the shares of the
company but who did not themselves have any share in the
capital of that company.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 11 October 2001

in Case C-457/99: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 95/69/EC — Animal nutrition — Non-implemen-
tation)

(2001/C 348/09)

(Language of the case: Greek)

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

In Case C-457/99: Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:
I.-K. Chalkias and D. Tsagkaraki) — application for a declar-
ation that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with:

— Council Directive 95/53/EC of 25 October 1995 fixing
the principles governing the organisation of official
inspections in the field of animal nutrition (OJ 1995
L 265, p. 17),

— Council Directive 95/69/EC of 22 December 1995 laying
down the conditions and arrangements for approving
and registering certain establishments and intermediaries
operating in the animal
feed sector and amending
Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and
82/471/EEC (OJ 1995 L 332, p. 15), and

— Commission Directive 97/72/EC of 15 December 1997
amending Council Directive 70/524/EEC concerning
additives in feedingstuffs (OJ 1997 L 351, p. 55),

the Hellenic Republic has failed to fulfil its obligations under
the EC Treaty and those Directives — the Court (Fourth
Chamber), composed of: S. von Bahr, President of the Chamb-
er, D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
S. Alber, Advocate General; R. Grass, Registrar, has given a
judgment on 11 October 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 Council Directive 95/69/EC of 22 December
1995 laying down the conditions and arrangements for
approving and registering certain establishments and intermedi-
feed sector and amending
aries operating in the animal