CELEX: C1998/151/03
Language: en
Date: 1998-05-16 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 March 1998 in Case C-344/96: Commission of the European Communities v. Federal Republic of Germany (Failure to fulfil obligations - Failure to transpose Directives 93/62/EEC, 93/63/EEC, 93/64/EEC, 93/78/EEC, 93/79/EEC and 94/3/EC)

C 151/2               EN                 Official Journal of the European Communities                                      16.5.98
               JUDGMENT OF THE COURT                                     transferee may claim, as against the transferee, that
                                                                         their dismissal was unlawful.
                       (Sixth Chamber)
                      of 12 March 1998                              (1) OJ C 392, 31.12.1994.
in Case C-319/94 (reference for a preliminary ruling from
the Cour du Travail, LieÁge): Jules Dethier EÂquipment SA v.
       Jules Dassy and Sovam SPRL, in liquidation (1)
(Safeguarding of employees' rights in the event of transfers
of undertakings, businesses or parts of businesses Ð
Transfer of an undertaking being wound up voluntarily or                           JUDGMENT OF THE COURT
by the court Ð Power of the transferor and transferee to                                   (Fifth Chamber)
dismiss     employees      for   economic,     technical    or
organisational reasons Ð Employees dismissed shortly                                      of 12 March 1998
   before the transfer and not taken on by the transferee)
                                                                    in    Case C-344/96: Commission of the European
                         (98/C 151/02)                                     Communities v. Federal Republic of Germany (1)
                                                                    (Failure to fulfil obligations Ð Failure to transpose
                                                                    Directives 93/62/EEC, 93/63/EEC, 93/64/EEC, 93/78/
                (Language of the case: French)                                     EEC, 93/79/EEC and 94/3/EC)
                                                                                            (98/C 151/03)
                                                                                   (Language of the case: German)
 (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-319/94: reference to the Court under Article 177
of the EC Treaty from the Cour du Travail (Higher
Labour Court), LieÁge, Belgium, for a preliminary ruling in
                                                                    In Case C-344/96: Commission of the European
the proceedings pending before that court between, first,
                                                                    Communities (Agent: Klaus-Dieter Borchardt) v. Federal
Jules Dethier EÂquipment SA and, secondly, Jules Dassy
                                                                    Republic of Germany (Agent: Ernst Röder) Ð application
and Sovam SPRL, in liquidation Ð on the interpretation
                                                                    for a declaration that, by failing to adopt within the
of Council Directive 77/187/EEC of 14 February 1977 on
                                                                    periods prescribed the laws, regulations and administrative
the approximation of the laws of the Member States
                                                                    provisions needed to comply with:
relating to the safeguarding of employees' rights in the
event of transfers of undertakings, businesses or parts of
businesses (OJ L 61, 5.3.1977, p. 26) Ð the Court (Sixth
                                                                    Ð Commission Directive 93/62/EEC of 5 July 1993
Chamber), composed of: H. Ragnemalm, President of the
                                                                         setting out the implementing measures concerning the
Chamber, G. F. Mancini (Rapporteur) and J. L. Murray,
                                                                         supervision and monitoring of suppliers and
Judges; C. O. Lenz, Advocate-General; R. Grass,
                                                                         establishments pursuant to Council Directive 92/33/
Registrar, has given a judgment on 12 March 1998, in
                                                                         EEC on the marketing of vegetable propagating and
which it has ruled:
                                                                         planting material, other than seed (OJ L 250,
                                                                         7.10.1993, p. 29),
1. On a proper construction of Article 1(1) of Council
    Directive 77/187/EEC of 14 February 1977 on the                 Ð Commission Directive 93/63/EEC of 5 July 1993
    approximation of the laws of the Member States                       setting out the implementing measures concerning the
    relating to the safeguarding of employees' rights in the             supervision and monitoring of suppliers and
    event of transfers of undertakings, businesses or parts              establishments pursuant to Council Directive 91/682/
    of businesses, that Directive applies in the event of the            EEC on the marketing of ornamental plant
    transfer of an undertaking which is being wound up                   propagating material and ornamental plants (OJ L 250,
    by the court if the undertaking continues to trade.                  7.10.1993, p. 31),
                                                                    Ð Commission Directive 93/64/EEC of 5 July 1993
2. On a proper construction of Article 4(1) of Directive                 setting out the implementing measures concerning the
    77/187, both the transferor and the transferee may                   supervision and monitoring of suppliers and
    dismiss employees for economic, technical or                         establishments pursuant to Council Directive 92/34/
    organisational      reasons.    Employees      unlawfully            EEC on the marketing of fruit plant propagating
    dismissed by the transferor shortly before the                       material and fruit plants intended for fruit production
    undertaking is transferred and not taken on by the                   (OJ L 250, 7.10.1993, p. 33),
 ---pagebreak--- 16.5.98               EN                   Official Journal of the European Communities                                      C 151/3
Ð Commission Directive 93/78/EEC of 21 September                           Ð Commission Directive 93/79/EEC of 21 September
    1993 setting out additional implementing provisions                        1993 setting out additional implementing
    for lists of varieties of ornamental plant propagating                     provisions for lists of varieties of fruit plant
    material and ornamental plants, as kept by suppliers                       propagating material and fruit plants, as kept by
    under Council Directive 91/682/EEC (OJ L 256,                              suppliers under Council Directive 92/34/EEC,
    14.10.1993, p. 19),
                                                                           the Federal Republic of Germany has failed to fulfil its
Ð Commission Directive 93/79/EEC of 21 September                           obligations under the EC Treaty;
    1993 setting out additional implementing provisions
    for lists of varieties of fruit plant propagating material
                                                                      2. declares that there is no need to adjudicate on the
    and fruit plants, as kept by suppliers under Council
                                                                           application in so far as it relates to Commission
    Directive 92/34/EEC (OJ L 256, 14.10.1993, p. 25),
                                                                           Directive 94/3/EC, of 21 January 1994, establishing a
    and
                                                                           procedure for the notification of interception of a
                                                                           consignment or a harmful organism from third
Ð Commission Directive 94/3/EC of 21 January 1994                          countries and presenting an imminent phytosanitary
    establishing a procedure for the notification of                       danger;
    interception of a consignment or a harmful organism
    from third countries and presenting an imminent                   3. orders the Federal Republic of Germany to pay the
    phytosanitary danger (OJ L 32, 5.2.1994, p. 37),                       costs, including those consequent upon the partial
                                                                           discontinuance of the proceedings by the Commission.
the Federal Republic of Germany has failed to fulfil its
obligations under the EC Treaty Ð the Court (Fifth                    (1) OJ C 388, 21.12.1996.
Chamber), composed of: C. Gulmann, President of the
Chamber, D. A. O. Edward, J.-P. Puissochet, P. Jann
(Rapporteur) and L. Sevón, Judges; P. LeÂger, Advocate-
General; R. Grass, Registrar, has given a judgment on
12 March 1998, in which it:
                                                                                     JUDGMENT OF THE COURT
1. Declares that, by failing to adopt within the periods                                      (Sixth Chamber)
    prescribed the laws, regulations and administrative
    provisions needed to comply with,                                                        of 12 March 1998
                                                                      in    Case   C-163/97: Commission of the European
    Ð Commission Directive 93/62/EEC of 5 July 1993                              Communities v. Kingdom of Belgium (1)
        setting out the implementing measures concerning              (Failure of a Member State to fulfil its obligations Ð
        the supervision and monitoring of suppliers and                         Failure to transpose Directive 92/74/EEC)
        establishments pursuant to Council Directive 92/
        33/EEC on the marketing of vegetable propagating                                       (98/C 151/04)
        and planting material, other than seed,
                                                                                      (Language of the case: French)
    Ð Commission Directive 93/63/EEC of 5 July 1993
        setting out the implementing measures concerning
        the supervision and monitoring of suppliers and                 (Provisional translation; the definitive translation will be
        establishments pursuant to Council Directive 91/                        published in the European Court Reports)
        682/EEC on the marketing of ornamental plant
        propagating material and ornamental plants,
                                                                      In Case C-163/97: Commission of the European
                                                                      Communities (Agent: Hendrik van Lier) v. Kingdom of
    Ð Commission Directive 93/64/EEC of 5 July 1993
                                                                      Belgium (Agent: Jan Devadder) Ð application for a
        setting out the implementing measures concerning
                                                                      declaration that, by not giving notification of or by not
        the supervision and monitoring of suppliers and
                                                                      adopting the measures necessary in order to transpose
        establishments pursuant to Council Directive 92/
                                                                      Council Directive 92/74/EEC of 22 September 1992
        34/EEC on the marketing of fruit plant
                                                                      widening the scope of Directive 81/851/EEC on the
        propagating material and fruit plants intended for
                                                                      approximation of provisions laid down by law, regulation
        fruit production,
                                                                      or administrative action relating to veterinary medicinal
                                                                      products and laying down additional provisions on
    Ð Commission Directive 93/78/EEC of 21 September                  homeopathic veterinary medicinal products (OJ L 297,
        1993 setting out additional implementing                      13.10.1992, p. 12), the Kingdom of Belgium has failed to
        provisions for lists of varieties of ornamental plant         fulfil its obligations under the EC Treaty and that
        propagating material and ornamental plants, as                Directive Ð the Court (Sixth Chamber), composed of: H.
        kept by suppliers under Council Directive 91/682/             Ragnemalm, President of the Chamber, G. F. Mancini,
        EEC, and                                                      P. J. G. Kapteyn, J. L. Murray (Rapporteur) and K. M.