CELEX: C1996/336/08
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT of 2 July 1996 in Case C-473/93: Commission of the European Communities v. Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations - Freedom of movement for persons - Employment in the public service)

No C 336/4            EN                   Official Journal of the European Communities                                       9 . 11 . 96
Article 30 of the EC Treaty precludes national legislation                 tests have already been carried out in that other Member
concerning model-year dates for motor vehicles which                       State and their results are available to those authorities
causes the administrative authorities and traders of the                   or may at their request be placed at their disposal.
Member State in question to consider that, where two motor
vehicles of the same model and make are sold in that                  (>) OJ No C 370 , 24 . 12 . 1994 .
Member State after 30 June, only the vehicle which was the
subject of a parallel import would be prohibited from
holding itself out as being of the following model year.
(') OJ No C 229 , 2 . 9 . 1995 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                of 2 July 1996
                                                                            in Case C-473/93 : Commission of the European
                                                                            Communities v. Grand Duchy of Luxembourg ( 1 )
              JUDGMENT OF THE COURT                                   (Failure of a Member State to fulfil its obligations —
                         ( First Chamber )                            Freedom of movement for persons — Employment in the
                                                                                                 public service)
                         of 27 June 1996
                                                                                                 ( 96/C 336/08 )
in Case C-293/94 ( reference for a preliminary ruling from
the Rechtbank van Eerste Aanleg, Turnhout ): criminal
        proceedings against Jacqueline Brandsma (')                                    (Language of the case: French)
(Free movement ofgoods — Derogations — Protection of
public health — Powers of the Member States —                         (Provisional translation; the definitive translation will be
                              Biocides)                                         published in the European Court Reports)
                           ( 96/C 336/07 )
                                                                      In Case C-473/93 : Commission of the European
                (Language of the case: Dutch)                         Communities ( Agent: Dimitrios Gouloussis ) v. Grand
                                                                      Duchy of Luxembourg ( Agent : Alain Lorang) —
                                                                      Application for a declaration that, by maintaining a
(Provisional translation; the definitive translation will be          nationality requirement in relation to workers who are
         published in the European Court Reports)                     nationals of other Member States as regards access to civil
                                                                      servants ' or public employees ' posts in the public sectors of
In Case C-293/94 : reference to the Court under Article 177           research , teaching, health, inland transport, posts and
of the EC Treaty by the Rechtbank van Eerste Aanleg ( First           telecommunications, and in the water, gas and electricity
Instance Court ), Turnhout ( Belgium ), for a preliminary             distribution services, the Grand Duchy of Luxembourg has
ruling in the criminal proceedings against Jacqueline                 failed to fulfil its obligations pursuant to Article 48 of the EC
Brandsma on the interpretation of Articles 30 and 36 of the           Treaty and Articles 1 and 7 of Council Regulation ( EEC )
EC Treaty, the Court ( First Chamber ) composed of:                   No 1612/68 of 15 October 1968 on freedom of movement
D. A. O. Edward, President of the Chamber, L. Sevon                   for workers within the Community ( 2 ) — the Court
( Rapporteur ) and M. Wathelet, Judges, Advocate-General :            composed of: G. C. Rodriguez Iglesias, President, C. N.
N. Fennelly, Registrar: D. Louterman-Hubeau, Principal                Kakouris , D. A. O. Edward, J. -P. Puissochet and G. Hirsch
Administrator, has given a judgment on 27 June 1996 in                ( Presidents    of    Chambers ),    G.    F. Mancini ,     F.   A.
which it rules :                                                      Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn,
                                                                      C. Gulmann, J. L. Murray, P. Jann ( Rapporteur ), H.
1 . A legal provision of a Member State prohibiting                   Ragnemalm , L. Sevon and M. Wathelet, Judges;
    pesticides for non-agricultural use which have not been           Advocate-General : P. Leger, Registrar: D. Loutermann­
    previously authorized from being marketed, acquired,              Hubeau , Principal Administrator, has given a judgment on
    offered, put on display or sale, kept, prepared,                  2 July 1996 , in which it:
    transported, sold, disposed of for valuable
    consideration or free of charge, imported or used,                1 . Declares that, in not restricting the requirement of
    constitutes a measure having an effect equivalent to a                 Luxembourg nationality to access to civil servants ' and
    quantitative restriction within the meaning ofArticle 30               public employees ' posts involving direct or indirect
    of the EC Treaty.                                                      participation in the exercise of powers conferred by
                                                                           public law and duties designed to safeguard the general
2 . National legislation prohibiting the marketing of a                    interests of the State or of other public authorities in the
     biocidal product containing dangerous substances, such                public sectors of research, education, health , inland
    as the product at issue, without prior authorization from              transport, posts and telecommunications, and in the
     the competent authorities is justified pursuant to                    water, gas and electricity distribution services, the
    Article 36 of the EC Treaty, even if that product has                  Grand Duchy of Luxembourg has failed to fulfil its
    already been authorized for sale in another Member                     obligations pursuant to Article 48 of the EC Treaty and
    State. The competent authorities are not, however,                     Article 1 of Council Regulation (EEC) No 1612/68 of
    entitled unnecessarily to require technical or chemical                15 October 1 968 on freedom of movement for workers
    analyses or laboratory tests when the same analyses or                 within the Community;
 ---pagebreak--- 9 . 11 . 96              EN                      Official Journal of the European Communities                                        No C 336/5
2 . Orders the Grand Duchy of Luxembourg to pay the                               1968 on freedom of movement for workers within the
      costs .                                                                     Community;
(') OJ No C 59 , 26 . 2 . 1994 .                                            2 . Orders the Kingdom of Belgium to pay the costs.
( 2 ) OJ , English Special Edition, 1968 ( II ), p. 475 .
                                                                            (') OJ No C 218 , 6 . 8 . 1994 .
                                                                            ( 2 ) OJ , English Special Edition 1968 ( II ), p. 475 .
                 JUDGMENT OF THE COURT
                           of 2 July 1996
                                                                                             JUDGMENT OF THE COURT
       in Case C-l 73/94: Commission of the European
             Communities v. Kingdom of Belgium (*)                                                     of 2 July 1996
(Failure of a Member State to fulfil its obligations —                             in Case C-290/94 : Commission of the European
Freedom of movement for persons — Employment in the                                       Communities v. Hellenic Republic ( ] )
                            public service)                                 (Failure of a Member State to fulfil its obligations —
                            ( 96/C 336/09 )                                 Freedom of movement for persons — Employment in the
                                                                                                       public service)
                                                                                                        ( 96/C 336/10 )
                  (Language of the case: French)
                                                                                               (Language of the case: Greek)
(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-l 73/94 : Commission of the European
Communities ( Agent: Dimitrios Gouloussis ) v. Kingdom of
Belgium ( Agent: Patrick Duray ) — Application for a                        In Case C-290/94 : Commission of the European
declaration that, by maintaining a nationality requirement                  Communities ( Agent: Maria Patakia ) v. Hellenic Republic
in relation to workers who are nationals of other Member                    ( Agents : Aikaterini Samoní-Rantou and Stamatina Vodina )
States as regards access to employment as officials or public              — Application for a declaration that, by imposing a Greek
employees of the public bodies responsible for the                          nationality condition in relation to workers who are
distribution of water, gas and electricity ( for example,                   nationals of other Member States as regards access to
Compagnie Intercommunale Bruxelloise des Eaux, Vlaamse                      employment in public, semi-public or municipal
Maatschappij voor Watervoorziening, Unerg, Sibelgaz,                        undertakings and companies distributing water, gas and
etc .), the Kingdom of Belgium has failed to fulfil its                     electricity, in the operational sectors of the public health
obligations pursuant to Article 48 of the EC Treaty and                     service, to teacher posts in nursery, primary and secondary
Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of                schools and higher education establishments and
15 October 1968 on freedom of movement for workers                          universities subject to the Ministry of National Education,
within the Community ( 2 ) — the Court composed of: G. C.                   to posts in air and sea transport services , companies or
Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.                     organizations, in the Greek National Railways ( OSE ), and
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of                     in the public or municipal bodies, companies and
Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.                        undertakings providing public city and intercity transport
Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L.                   services, to posts for scientific and non-scientific staff in
Murray, P. Jann ( Rapporteur ), H. Ragnemalm, L. Sevón                      public establishments conducting research for non-military
and M. Wathelet, Judges ; Advocate-General : P. Leger,                      purposes, to posts in public or semi-public bodies or
Registrar:         D.        Loutermann-Hubeau,              Principal      undertakings providing postal services ( ELTA ),
Administrator, has given a judgment on 2 July 1996 , in                    telecmmunications services ( OTE ) and radio and television
which it :                                                                  broadcasting services ( ET), and as regards access to
                                                                           musicians' posts at the Athens Opera and in municipal and
                                                                            local orchestras, the Hellenic Republic has failed to fulfil its
1 . Declares that, in not restricting the requirement of                    obligations pursuant to Article 48 of the EC Treaty and
      Belgian nationality to access to posts which, in the                 Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of
      public legal entities responsible for the distribution of             15 October 1968 on freedom of movement for workers
      water, gas and electricity, involve direct or indirect               within the Community ( 2 ) — the Court composed of: G. C.
      participation in the exercise of powers conferred by                  Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
      public law and duties designed to safeguard the general               Edward , J. -P. Puissochet and G. Hirsch ( Presidents of
      interests of the State or of other public authorities, the            Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.
      Kingdom of Belgium has failed to fulfil its obligations              Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann,
      pursuant to Article 48 of the EC Treaty and Article 1 of             J. L. Murray, P. Jann ( Rapporteur ), H. Ragnemalm,
      Council Regulation (EEC) No 1612/68 of 15 October                     L. Sevón and M. Wathelet, Judges; Advocate-General :