Judgment of the Court (First Chamber) of 9 September 2004 in Case C-397/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Clinique La Ramée ASBL, Winterthur Europe Assurance SA v Jean-Pierre Riehl, Council of the European Union (Officials — Social benefits — Communities' right of subrogation to an official's rights against the third party liable for an actionable event)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: damage, interpretation of the law, redemption, survivor's benefit, widowed person

C 262/6

EN

Official Journal of the European Union

23.10.2004

1. By failing to adopt the measures necessary to ensure that the waste
deposited in the Castelliri waste disposal site (Frosinone) (Italy) is
recovered or eliminated without endangering human health and
without using processes or methods which could harm the environ-
ment, and by failing to adopt the measures necessary to ensure
that any holder of waste at that site has it handled by a private or
public waste collector or by an undertaking which carries out the
operations
listed in Annex II A or B to Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156 of 18 March 1991, or recovers or disposes of
it himself, the Italian Republic has failed to fulfil its obligations
under Articles 4 and 8 of that directive.

without using processes or methods which could harm the environ-
ment, and by failing to adopt the measures necessary to ensure
that any holder of waste at that site has it handled by a private or
public waste collector or by an undertaking which carries out the
operations
listed in Annex II A or B to Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156 of 18 March 1991, or recovers or disposes of
it himself, the Italian Republic has failed to fulfil its obligations
under Articles 4 and 8 of that directive.

2. The Italian Republic is ordered to pay the costs.

2. The Italian Republic is ordered to pay the costs.

(1) OJ C 305 of 7.12.2002.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT

(First Chamber)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 September 2004

in Case C-383/02: Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Rodano waste disposal site
by Directive
— Directive

75/442/EEC as

amended

91/156/EEC — Articles 4 and 8)

(2004/C 262/11)

(Language of the case: Italian)

In Case C-383/02: Commission of the European Communities
(Agents: M. Konstantinidis and R. Amorosi) v Italian Republic
(Agent:
I.M. Braguglia, assisted by M. Fiorilli) — action for
failure to fulfil obligations under Article 226 EC brought on 18
October 2002 — the Court (Fifth Chamber), composed of: C.
Gulmann, President of Chamber, S. von Bahr and R. Silva de
L.A. Geelhoed, Advocate
Lapuerta
General; R. Grass, Registrar, gave a judgment on 9 September
2004, the operative part of which is as follows:

(Rapporteur),

Judges;

1. By failing to adopt the measures necessary to ensure that the waste
deposited at the Rodano waste disposal site (Milan) (Italy) is
recovered or eliminated without endangering human health and

of 9 September 2004

in Case C-397/02 (reference for a preliminary ruling from
the Cour d'appel de Bruxelles): Clinique La Ramée ASBL,
Winterthur Europe Assurance SA v Jean-Pierre Riehl,
Council of the European Union (1)

(Officials — Social benefits — Communities' right of subro-
gation to an official's rights against the third party liable for
an actionable event)

(2004/C 262/12)

(Language of the case: French)

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

In Case C-397/02: reference to the Court for a preliminary
ruling under Article 234 EC by the Cour d'appel de Bruxelles
(Belgium) by decision of 6 November 2002, registered on 11
November 2002,
in the proceedings between Clinique La
Ramée ASBL, Winterthur Europe Assurance SA and Jean-Pierre
Riehl, Council of
(First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K.
Lenaerts, Judges; P. Léger, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, has given a
judgment on 9 September 2004, in which it ruled:

the European Union — the Court

23.10.2004

EN

Official Journal of the European Union

C 262/7

Article 85a of Council Regulation (EEC, Euratom, ECSC) No
259/68 of 29 February 1968 laying down the Staff Regulations of
officials and the conditions of employment of other servants of the
European Communities and instituting special measures temporarily
applicable to officials of the Commission, as amended by Council
Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September
1985, is not to be interpreted as conferring on the Communities the
right to obtain from a third party liable for the death of an official
reimbursement in full of the survivor's pension paid to the surviving
spouse pursuant to Articles 79 and 79(a) of those Staff Regulations,
where the law applicable to entitlement to compensation for damage
provides that the right to a survivor's pension is unconnected with the
obligation of the perpetrator of a wrongful act to compensate in full
for the damage and the damage suffered by the surviving spouse as a
result of the loss of the deceased wife's income is less than the amount
of the survivor's pension paid to him.

(1) OJ C 7 of 11.1.2003.

1993, and by accepting that the Technico Epimelitirio Elladas
(Greek Technical Board), with which a person must be registered
in order to pursue the profession of architect in Greece, carries out,
with significant delays, the processing of the files and the registra-
tion of Community nationals holding foreign diplomas which
ought to be recognised under Council Directive 85/384/EEC of
10 June 1985 on the mutual recognition of diplomas, certificates
and other
in architecture,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide
the Hellenic
Republic has failed to fulfil its obligations under that directive;

formal qualifications

evidence of

services,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 9 September 2004

(Grand Chamber)

of 7 September 2004

in Case C-417/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
85/384/EEC — Recognition of architects' diplomas — Regis-
tration procedure with the Greek Technical Board (Technico
Epimelitirio Elladas) — Obligation to provide a document
stating that the evidence of formal qualifications concerned is
covered by the system of mutual recognition)

in Case C-456/02 (reference for a preliminary ruling from
the Tribunal du travail de Bruxelles): Michel Trojani v
Centre public d'aide sociale de Bruxelles (CPAS) (1)

(Freedom of movement of persons — Citizenship of the Euro-
pean Union — Right of residence — Directive 90/364/EEC
— Limitations and conditions — Person working in a hostel
in return for benefits in kind — Entitlement to social assis-
tance benefits)

(2004/C 262/13)

(Language of the case: Greek)

(2004/C 262/14)

(Language of the case: French)

(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-417/02: action under Article 226 EC for failure to
fulfil obligations, brought on 19 November 2002, Commission
of the European Communities (Agent: M. Patakia) v Hellenic
Republic (Agent: E. Skandalou) — the Court (First Chamber),
composed of: P. Jann, President of the Chamber, A. Rosas, S.
von Bahr, K. Lenaerts and K. Schiemann (Rapporteur), Judges; J.
Kokott, Advocate General; L. Hewlett, Principal Administrator,
for the Registrar, has given a judgment on 9 September 2004,
in which it:

1. Declares that, by adopting and retaining in force the provisions of
Article 3(1)(c) of Presidential Decree No 107/1993 of 22 March

In Case C-456/02: reference for a preliminary ruling under
Article 234 EC from the Tribunal du travail de Bruxelles
(Belgium), made by decision of 21 November 2002, received
in the proceedings between Michel
on 18 December 2002,
Trojani and Centre public d'aide sociale de Bruxelles (CPAS) —
the Court (Grand Chamber), composed of: V. Skouris, President,
P. Jann, C.W.A. Timmermans, C. Gulmann, J.-P. Puissochet and
J.N. Cunha Rodrigues (Rapporteur), Presidents of Chambers, R.
Schintgen, F. Macken, N. Colneric, S. von Bahr and K. Lenaerts,
Judges; L.A. Geelhoed, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, has given a
judgment on 7 September 2004, in which it has ruled: