Judgment of the Court (Second Chamber)  12 January 2006  in Case C-132/04 Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Social policy — Protection of the safety and health of workers — Directive 89/391/EEC — Scope — Non-civilian personnel in public authorities — Armed forces and police — Included)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, labour law, military personnel, occupational safety, police

C 60/4

EN

Official Journal of the European Union

11.3.2006

Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May
2000 on insolvency proceedings must be interpreted as meaning that
the court of the Member State within the territory of which the centre
of the debtor's main interests is situated at the time when the debtor
lodges the request to open insolvency proceedings retains jurisdiction
to open those proceedings if the debtor moves the centre of his main
interests to the territory of another Member State after lodging the
request but before the proceedings are opened.

(1) OJ C 71, 20.03.2004.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 January 2006

in Case C-139/04 Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Ambient
air quality — Limit values)

JUDGMENT OF THE COURT

(Second Chamber)

12 January 2006

(2006/C 60/08)

(Language of the case: Italian)

in Case C-132/04 Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Social
policy — Protection of the safety and health of workers —
Directive 89/391/EEC — Scope — Non-civilian personnel in
public authorities — Armed forces and police — Included)

(2006/C 60/07)

(Language of the case: Spanish)

In Case C-132/04 Commission of the European Communities
(Agents: L. Escobar Guerrero and H. Kreppel) v Kingdom of
Spain (Agent: M. Muñoz Pérez) — action under Article 226 EC
for failure to fulfil obligations — the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
J. Makarczyk, R. Schintgen (Rapporteur), R. Silva Lapuerta and
P. Kūris, Judges; F.G. Jacobs, Advocate General; R. Grass, Regis-
trar, gave a judgment on 12 January 2006, in which it:

1. Declared that, by failing to transpose in their entirety into its
national legislation Article 2(1) and (2) and Article 4 of Council
Directive 89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvement in the safety and health of
workers at work as regards non-civilian personnel in public autho-
rities, the Kingdom of Spain has failed to fulfil its obligations
under that directive;

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

(1) OJ C 106 of 30.04.2004

In Case C-139/04 Commission of the European Communities
(Agents: V. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: I.M. Braguglia) — action for failure to fulfil obligations
under Article 226 EC — the Court (Sixth Chamber), composed
the Sixth
of
(Rapporteur),
Chamber, S. von Bahr and A. Borg Barthet
Judges; F. G. Jacobs, Advocate General; R. Grass, Registrar, gave
a judgment on 12 January 2006, in which it:

J.-P. Puissochet, acting for

the President of

to

the

subject

substances

for 2001 all necessary

1. Declares that, by failing to forward to the Commission of the
information
European Communities
concerning
Council Directive
1999/30/EC of 22 April 1999 relating to limit values for
sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particu-
late matter and lead in ambient air, as required under Article
11(1)(a)(i) and (ii) and (b) of Council Directive 96/62/EC of
27 September 1996 concerning ambient air quality assessment
management, the Italian Republic has failed to fulfil its obliga-
tions under Article 11 of Directive 96/62 in conjunction with
Article 4(1) of that directive and with Directive 1999/30 and
Article 1 of Commission Decision 2001/839/EC of 8 November
2001 laying down a questionnaire to be used for annual reporting
on ambient air quality assessment under Directives 96/62 and
1999/30;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 106 of 30.4.2004