Judgment of the Court (Fifth Chamber) of 29 November 2001 in Case C-17/00 (reference for a preliminary ruling from the Collège juridictionnel de la Région de Bruxelles-Capitale): François De Coster v Collège des bourgmestre et échevins de Watermael-Boitsfort (Reference for a preliminary ruling — Defination of a national court or tribunal — Freedom to provide services — Municipal tax on satellite dishes — Restriction on the freedom to receive television programmes by satellite)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: Brussels region, interpretation of the law, quasi-fiscal charge, satellite communications

C 84/18

EN

Official Journal of the European Communities

6.4.2002

(BGBl. 1996 I, p. 1246), employers of 10 or fewer workers
from the duty to keep documents containing the results of a
risk assessment, the Federal Republic of Germany has failed to
fulfil its obligations under Articles 5 and 189 of the EC Treaty
(now Articles 10 EC and 249 EC) and Articles 9(1)(a) and
10(3)(a) of Council Directive 89/391/EEC of 12 June 1989 on
the introduction of measures to encourage improvements in
the safety and health of workers at work (OJ 1989 L 183
p. 1). the Court (Fifth Chamber), composed of: S. von Bahr
(Rapporteur), President of the Fourth Chamber, acting for the
President of the Fifth Chamber, D.A.O. Edward, A. La Pergola,
M. Wathelet and C.W.A. Timmermans,
Judges, Advocate
General: L.A. Geelhoed, Registrar: R. Grass, has given a
judgment on 7 February 2002, in which it:

1. Declares that, by failing to ensure that the obligation to be in
possession of an assessment in documentary form of the risks to
safety and health at work, as laid down by Council Directive
89/391/EEC of 12 June 1989 on the introduction of measures
to encourage improvements in the safety and health of workers
at work, applies to employers of 10 or fewer workers in all
circumstances, the Federal Republic of Germany has failed to
fulfil its obligations under Articles 9(1)(a) and 10(3)(a) of that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 November 2001

in Case C-17/00 (reference for a preliminary ruling from
the Collège juridictionnel de la Région de Bruxelles-
Capitale): François De Coster v Collège des bourgmestre
et échevins de Watermael-Boitsfort (1)

(Reference for a preliminary ruling — Defination of a
national court or tribunal — Freedom to provide services —
Municipal tax on satellite dishes — Restriction on the
freedom to receive television programmes by satellite)

(2002/C 84/28)

(Language of the case: French)

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

the Brussels-Capital

Capitale (Judicial Board of
region)
(Belgium) for a preliminary ruling in the proceedings pending
before that court between François De Coster and Collège des
bourgmestre et échevins de Watermael-Boitsfort — on the
interpretation of Article 59 of the EC Treaty (now, after
amendment, Article 49 EC) and Articles 60 and 66 of the EC
Treaty (now Articles 50 and 55 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 M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, has given a judgment on 29 Nov-
ember 2001, in which it has ruled:

Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
and Articles 60 and 66 of the EC Treaty (now Articles 50 and 55
EC) must be interpreted as preventing the application of a tax on
satellite dishes such as that introduced by Articles 1 to 3 of the tax
regulation adopted on 24 June 1997 by the municipal council of
Watermael-Boitsfort.

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

7 February 2002

in Case C-28/00 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Liselotte Kauer v Pensions-
versicherungsanstalt der Angestellten, (1)

(Social security for migrant workers — Regulation (EEC)
No 1408/71 — Articles 94(1), (2) and (3) — Old-age
insurance — Periods of child-rearing completed in another
Member State before the entry into force of Regulation
No 1408/71)

(2002/C 84/29)

(Language of the case: German)

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

In Case C-17/00: reference to the Court under Article 234 EC
from the Collège juridictionnel de la Région de Bruxelles-

In Case C-28/00: Reference to the Court under Article 234 EC
by the Oberster Gerichtshof (Austria) for a preliminary ruling
in the proceedings pending before that court between Liselotte