Case C-400/02: Reference for a preliminary ruling by the Bundesarbeitsgericht by order of that Court of 27 June 2002 in the case of Gérard Merida against Federal Republic of Germany, represented by the Amt für Verteidigungslasten
Date: 2003-02-08
Institutions: Court of Justice
Subjects: Germany, free movement of workers, interpretation of the law, social security, tax on employment income

8.2.2003

EN

Official Journal of the European Union

C 31/5

The determination of the time when the fixing (finding) should
have taken place makes it possible to calculate the period
within which the own resources in question should have been
credited to the Commission’s account,
in accordance with
Article 10 of Regulation No 1552/89. Failure to comply within
that period triggers the obligation to pay default interest
pursuant to Article 11 of Regulation No 1552/89, an obli-
gation which, according to the case-law of the Court, arises
without its being necessary to examine the reasons for the
failure to comply within that period.

( 1) OJ 1994 L 293, p. 9.
( 2) OJ 1989 L 155, p. 1.
( 3) OJ 1992 L 302, p. 1.

Reference for a preliminary ruling by the Bundesarbeits-
gericht by order of that Court of 27 June 2002 in the case
of Gérard Merida against Federal Republic of Germany,
represented by the Amt für Verteidigungslasten

(Case C-400/02)

(2003/C 31/08)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundesarbeitsgericht
(Federal Labour Court) of 27 June 2002, received at the Court
Registry on 12 November 2002, for a preliminary ruling in
the case of Gérard Merida against Federal Republic of Germany,
represented by the Amt für Verteidigungslasten (Local Office
for Defence Expenditure) on the following question:

Is Article 39 EC infringed by the fact that for the purposes of
calculating the basis of assessment of interim assistance in a
case arising under Paragraph 4(1)(b) of the collective agreement
on social security account must be taken of the notional
(second sentence of Para-
German tax on emoluments
the former
if
graph 4(3)(b) of that collective agreement)
employee lives and is subject to tax abroad?

Action brought on 19 November 2002 by the Com-
the
mission of

the European Communities against

Kingdom of Spain

(Case C-416/02)

(2003/C 31/09)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 No-
vember 2002 by the Commission of the European Communi-
ties, represented by Gregorio Valero Jordana, of its Legal
Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that

(a)

by failing to adopt the measures necessary to comply
with Articles 4, 9 and 13 of Council Directive 75/
442/EEC (1), amended by Directive 91/156/EEC (2),
inasmuch as it failed to take the necessary measures
to ensure that waste from the pig farm located in ‘El
Pago de la Media Legua’ is recovered or disposed of
without endangering human health and without
harming the environment and insofar as the farm
was not covered by the authorisation required under
the directive and by failing to carry out the requisite
regular checks in respect of such establishments;

(b) by failing to carry out an impact assessment prior to
the construction or modification of the project,
contrary to the requirements of Articles 2 and 4(2)
of Council Directive 85/337/EEC (3), either in its
original wording or as amended by Directive 97/11/
EC (4);

(c)

by failing to carry out the requisite hydrological
studies in the area affected by pollution, in accord-
ance with Articles 3(b), 5(1) and 7 of Council
Directive 80/68/EEC (5);

(d) by not subjecting urban waste-water

from the
agglomeration of Vera to treatment which is more
stringent than that described in Article 4, as required
under Article 5(2) of Council Directive 91/271/
EEC (6);

(e)

by failing to declare the Rambla de Mojácar a
vulnerable area, contrary to Article 3(1), (2) and (4)
of Directive 91/676/EEC (7);

the Kingdom of Spain has failed to fulfil its obligations
under the abovementioned directives; and

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

— Infringements (a) to (c) relate to the construction and
running of an intensive pig farm situated in ‘El pago de la
Media Legua’, in the municipal district of Vera, in the
province of Almeria. The Spanish authorities admit that
that pig farm is illegal and is not covered by a municipal
licence, so that it must be deemed not to have the
requisite authorisation required by Article 9 of Directive