Judgment of the Court (Fourth Chamber) of 27 May 2004 in Case C-398/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Environment — Management of waste)
Date: 2004-07-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, degradation of the environment, exchange of information, infringement of EU law, waste management

10.7.2004

EN

Official Journal of the European Union

C 179/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(First Chamber)

of 27 May 2004

tional work does not exceed three hours per calendar month, if that
different treatment affects considerably more women than men and if
there is no objective unrelated to sex which justifies that different
treatment or it is not necessary to achieve the objective pursued.

(1) OJ C 247, 12.10.2002.

in Case C-285/02 (reference for a preliminary ruling from
the Verwaltungsgericht Minden (Germany)): Edeltraud
Elsner-Lakeberg v Land Nordrhein-Westfalen (1)

(Article 141 EC — Directive 75/117/EEC — National
measure providing that full-time and part-time teachers are
obliged to work the same number of additional hours before
being entitled to remuneration — Indirect discrimination
against women teachers employed part-time)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 27 May 2004

(2004/C 179/01)

(Language of the case: German)

in Case C-398/02: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
75/442/EEC — Environment — Management of waste)

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

(2004/C 179/02)

(Language of the case: Spanish)

In Case C-285/02: reference to the Court under Article 234 EC
from the Verwaltungsgericht Minden (Germany) for a preli-
minary ruling in the proceedings pending before that court
between Edeltraud Elsner-Lakeberg and Land Nordrhein-West-
falen — on the interpretation of Article 141 EC and Council
Directive 75/117/EEC of 10 February 1975 on the approxima-
tion of the laws of the Member States relating to the applica-
tion of the principle of equal pay for men and women (OJ
1975 L 45, p. 19) — the Court (First Chamber) composed of:
P. Jann (Rapporteur), President of the Chamber, A. La Pergola,
S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; F.G.
Jacobs, Advocate General; R. Grass, Registrar, has given a judg-
ment on, the operative part of which is as follows:

Article 141 EC and Article 1 of Council Directive 75/117/EEC of
10 February 1975 on the approximation of the laws of the Member
States relating to the application of the principle of equal pay for men
and women, must be interpreted as precluding national
legislation
which provides that teachers, part-time as well as full-time, do not
receive any remuneration for additional hours worked when the addi-

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

In Case C-398/02: Commission of the European Communities
(Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom
of Spain (Agent: L. Fraguas Gadea) — application for a declara-
tion that, by failing to adopt the measures necessary to ensure,
as regards the landfill located at La Baneza (Spain), the imple-
mentation of Articles 4, 9 and 13 of Council Directive
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
as amended by Council Directive 91/156/EEC of 18 March
1991 (OJ 1991 L 78, p. 32), the Kingdom of Spain has failed
to fulfil its obligations under that directive — the Court (Fourth
Chamber), composed of: J.N. Cunha Rodrigues (Rapporteur),
President of the Chamber,
F. Macken,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 27 May 2004, in which it:

J.-P. Puissochet and

C 179/2

EN

Official Journal of the European Union

10.7.2004

1. Declares that, by failing to adopt

the measures necessary to
ensure, as regards the landfill located at La Bañeza (Spain), the
implementation of Articles 4, 9 and 13 of Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991,
the Kingdom of
Spain has failed to fulfil its obligations under that directive;

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

(1) OJ C 323, 21.12.2002.

system of value added tax and amending Directive 77/388/EEC
with a view to the abolition of fiscal frontiers, is not to be inter-
preted as meaning that it covers only the services of intermediaries
provided to a taxable person or to a non-taxable legal person for
the purposes of value added tax.

2. When an intermediary transaction falls within the scope of Article
28b(E)(3) of Sixth Directive 77/388, as amended, it is necessary,
for the purposes of determining the place where the transaction
underlying the supply of intermediary services was carried out, to
refer to the provisions of Article 28b(A) and (B) of that directive.

(1) OJ C 83, 5.4.2003.

JUDGMENT OF THE COURT

(First Chamber)

27 May 2004

in Case C-68/03 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Staatssecretaris van
Financiën v D. Lipjes (1)

(Sixth VAT Directive — Article 28b(E)(3) — Services by
intermediaries — Place of supply)

(2004/C 179/03)

(Language of the case: Dutch)

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

In Case C-:68/03, reference to the Court under Article 234 EC
from the Hoge Raad der Nederlanden (Netherlands) for a preli-
minary ruling in the proceedings pending before that court
between Staatssecretaris van Financiën and D. Lipjes — on the
interpretation of Article 28b of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws
of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment (OJ
1977 L 145, p. 1), as amended by Council Directive
91/680/EEC of 16 December 1991 supplementing the
common system of value added tax and amending Directive
77/388/EEC with a view to the abolition of fiscal frontiers (OJ
1991 L 376, p. 1) — the Court, composed of: P. Jann (Rappor-
teur), President of
the Chamber, A. Rosas, A. La Pergola,
R. Silva de Lapuerta and K. Lenaerts, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has given a
judgment on 27 May 2004, the operative part of which is as
follows:

1. Article 28b(E)(3) of Sixth Council Directive 77/388/EEC of 17
May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes – Common system of value added
tax: uniform basis of assessment, as amended by Council Directive
91/680/EEC of 16 December 1991 supplementing the common

Reference for a preliminary ruling by the Länsrätten i
Stockholms län by order of that court of 20 April 2004 in
the proceedings between Ulf Öberg and Stockholms läns
allmänna försäkringskassa

(Case C-185/04)

(2004/C 179/04)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Länsrätten i Stockholms län
of 20 April 2004, received at the Court Registry on 22 April
2004, for a preliminary ruling in the proceedings between Ulf
Öberg and Stockholms läns allmänna försäkringskassa on the
following questions:

(i) Is a requirement in national legislation that a parent have
been resident and be covered by health insurance in the
Member State in question for at least 240 days prior to the
child's birth in order to be entitled to parental benefit in
accordance with the parent's sickness benefit compatible
with Articles 12, 17(2), 18 and 39 EC, Article 7(1) and 7(2)
of Regulation No 1612/68 (1) and Directive No 96/34 (2) on
the framework agreement on parental leave concluded by
UNICE, CEEP and the ETUC?

(ii) If question (i) is answered in the affirmative: does Com-
munity law require that, in the determination of whether
the worker fulfils the qualification period for insurance
under national
law, cumulation shall take place with a
period during which the worker was covered by the Joint
Sickness insurance scheme pursuant to the Staff Regula-
tions of Officials of the European Communities?

(1) Regulation (EEC) No 1612/68 of the Council of 15 October 1968
for workers within the Community

on freedom of movement
(English special edition: Series I Chapter 1968(II), p. 475).

(2) Council Directive 96/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4).