Judgment of the Court (Sixth Chamber) of 20 September 2001 in Case C-263/98: Kingdom of Belgium v Commission of the European Communities (EAGGF — Clearance of accounts — 1994 — Cereals, beef and veal)
Date: 2002-01-05
Institutions: Court of Justice
Subjects: Belgium, EAGGF Guarantee Section, European Commission, action for annulment (EU), closing of accounts, export refund

C 3/2

EN

Official Journal of the European Communities

5.1.2002

concerned, which significantly adds to their social protection,
and (ii) the application of those rules by the first Member State
is proportionate to the public interest objective pursued.

2.

(a) Articles 59 and 60 of the Treaty do not preclude the
extension of the rules of a Member State which provide
for a longer period of paid leave than that provided for by
Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organisation of working
time to workers posted to that Member State by providers
of services established in other Member States during the
period of the posting.

(b) Articles 59 and 60 of the Treaty do not preclude national
rules from allowing businesses established in the Federal
Republic of Germany to claim reimbursement of expendi-
ture on holiday pay and holiday allowances from the fund,
whereas it does not provide for such a claim in the case of
businesses established in other Member States, but instead
provides for a direct claim by the posted workers against
the fund,
is justified by objective
differences between businesses established in the Federal
Republic of Germany and those established in other
Member States.

in so far as that

(c)

It is for the national court to determine the type of
information that the German authorities may reasonably
require of providers of services established outside the
Federal Republic of Germany, having regard to the
principle of proportionality. For this purpose, the national
court should consider whether the objective differences
between the position of businesses established in Germany
and that of businesses established outside Germany
objectively require the additional information required of
the latter.

3. Articles 59 and 60 of the Treaty preclude the application of a
Member State’s
scheme for paid leave to all businesses
established in other Member States providing services to the
construction industry in the first Member State where businesses
established in the first Member State, only part of whose
activities are carried out in that industry, are not all subject to
that scheme in respect of their workers engaged in that industry.

(1) OJ C 137 of 2.5.1998; OJ C 166 of 30.5.1998.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 September 2001

in Case C-263/98: Kingdom of Belgium v Commission of
the European Communities (1)

(EAGGF — Clearance of accounts — 1994 — Cereals, beef
and veal)

(2002/C 3/02)

(Language of the case: Dutch)

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

In Case C-263/98: Kingdom of Belgium (Agents: J. Devadder
and, subsequently, A. Snoecx, and H. Gilliams) v Commission
of
the European Communities (Agent: H. van Vliet) —
application for the partial annulment of Commission Decision
98/358/EC of 6 May 1998 on the clearance of the accounts
presented by the Member States in respect of the expenditure
for 1994 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 1998 L 163,
p. 28), in so far as it disallows, in respect of the applicant,
Community financing for the sum of BEF 382 208 436 by
way of expenditure incurred for the advance payment of
export refunds — the Court (Sixth Chamber), composed of:
C. Gulmann, President of
J.-P. Puissochet,
R. Schintgen, F. Macken (Rapporteur) and J.N. Cunha Rodri-
gues, Judges; S. Alber, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
20 September 2001, in which it:

the Chamber,

1. Dismisses the application;

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 278 of 5.9.1998.