CELEX: C2000/149/02
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court (Second Chamber) of 9 March 2000 in Case C-386/98: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 93/104/EC — Organisation of working time — Failure to transpose into national law)

C 149/2                 EN                        Official Journal of the European Communities                                          27.5.2000
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                        (Second Chamber)                                                             of 14 March 2000
                          of 9 March 2000                                    in Joined Cases C-102/98 and C-211/98 (references for a
                                                                             preliminary ruling from the Bundessozialgericht): Ibrahim
                                                                             Kocak v Landesversicherungsanstalt Oberfranken und
in Case C-386/98: Commission of the European Communi-                        Mittelfranken (C-102/98) and Ramazan Örs v Bundes-
                     ties v Italian Republic (1)                                                 knappschaft (C-211/98) (1)
(Failure of a Member State to fulfil its obligations —                       (EEC-Turkey Association Agreement — Decisions of the
Directive 93/104/EC — Organisation of working time —                         Association Council — Social Security — Principle of non-
             Failure to transpose into national law)                         discrimination on grounds of nationality — Direct effect —
                                                                             Scope — Legislation of a Member State on determination of
                                                                             dates of birth for the purposes of allocating a social security
                          (2000/C 149/02)                                             number and awarding a retirement pension)
                                                                                                       (2000/C 149/03)
                    (Language of the case: Italian)
                                                                                                (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
In Case C-386/98: Commission of the European Communities                     (Provisional translation; the definitive translation will be published
(Agents: P.J. Kuijper and A. Aresu) v Italian Republic (Agents:                                 in the European Court Reports)
Professor U. Leanza, assisted by D. Del Gaizo) — application
for a declaration that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with Council                In Joined Cases C-102/98 and C-211/98: Reference to the
Directive 93/104/EC of 23 November 1993 concerning certain                   Court under Article 177 of the EC Treaty (now Article 234
aspects of the organisation of working time (OJ 1993 L 307,                  EC) by the Bundessozialgericht, Germany, for a preliminary
p. 18), and/or by failing to inform the Commission thereof,                  ruling in the proceedings pending before that court between
the Italian Republic has failed to fulfil its obligations under the          Ibrahim Kocak v Landesversicherungsanstalt Oberfranken und
EC Treaty — the Court (Second Chamber), composed of: R.                      Mittelfranken (C-102/98) and Ramazan Örs v Bundes-
Schintgen, President of the Chamber, G. Hirsch and V. Skouris                knappschaft (C-211/98), on the interpretation of Article 9
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,               of the Agreement establishing an Association between the
Registrar, has given a judgment on 9 March 2000, in which it:                European Economic Community and Turkey signed at Ankara
                                                                             on 12 September 1963 and concluded, approved and con-
                                                                             firmed on behalf of the Community by Council Decision
1. Declares that, by failing to adopt within the prescribed period the       64/732/EEC of 23 December 1963 (OJ 1977 L 361, p. 29), of
    laws, regulations or administrative provisions necessary to comply       Article 37 of the Additional Protocol signed in Brussels on
    with Council Directive 93/104/EC of 23 November 1993                     23 November 1970 and concluded, approved and confirmed
    concerning certain aspects of the organisation of working time,          on behalf of the Community by Council Regulation (EEC)
    the Italian Republic has failed to fulfil its obligations under that     No 2760/72 of 19 December 1972 (OJ 1977 L 361, p. 61), of
    directive;                                                               Article 10(1) of Decision No 1/80 of the Association Council
                                                                             of 19 September 1980 on the development of the Association
                                                                             (not published), and of Article 3(1) of Decision No 3/80 of the
2. Orders the Italian Republic to pay the costs.                             Association Council of the same date on the application of the
                                                                             social security schemes of the Member States of the European
                                                                             Communities to Turkish workers and members of their
                                                                             families (OJ 1983 C 110, p. 60) — the Court, composed of:
(1) OJ C 397 of 19.12.1998.                                                  G.C. Rodrı́guez Iglesias, President, D.A.O. Edward, L. Sevón,
                                                                             R. Schintgen (Rapporteur) (Presidents of Chambers), P.J.G.
                                                                             Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, H. Ragne-
                                                                             malm, M. Wathelet and V. Skouris, Judges; D. Ruiz-Jarabo
                                                                             Colomer, Advocate General; R. Grass, Registrar, has given a
                                                                             judgment on 14 March 2000, in which it held: