CELEX: C2001/348/08
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 October 2001 in Case C-441/99 (reference for a preliminary ruling from the Högsta domstolen): Riksskatteverket v Soghra Gharehveran (Directive 80/987/EEC — Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer — Scope of the exclusion relating to Sweden provided for in point G of Section I of the Annex to the Directive — Designation of the State as liable to pay guaranteed wage claims — Effect on Directive 80/987/EEC)

C 348/4                   EN                      Official Journal of the European Communities                                            8.12.2001
personal communications (OJ 1996 L 20, p. 59), in conjunc-                   (Agents: E. De Persio and D. Triantafyllou) — application for
tion with the second and third paragraphs of Article 3a of                   annulment of the Commission decision, notified to the Italian
Commission Directive 90/388/EEC of 28 June 1990 on                           Republic by letter SG(99) D/6463 of 6 August 1999, published
competition in the markets for telecommunications services                   in the Official Journal of the European Communities of
(OJ 1990 L 192, p. 10) as amended by Directive 96/2/EC, the                  23 October 1999 (OJ 1999 C 306, p. 2), to initiate the
Helenic Republic failed to fulfil its obligations under the EC               procedure under Article 88(2) EC concerning State aid C 64/99
Treaty and those Directives — the Court (Sixth Chamber),                     (ex NN 68/99) — Italyl — granted to undertakings in the
composed of: N. Colneric, President of the Second Chamber,                   Tirrenia di Navigazione group, in so far as that decision rules
acting for the President of the Sixth Chamber, C. Gulmann                    on the suspension of the aid in question — the Court,
(Rapporteur), R. Schintgen, V. Skouris, and J.N. Cunha Rodri-                composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,
gues, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                      F. Macken, N. Colneric and S. von Bahr (Presidents of
R. Grass, Registrar, has given a judgment on 16 October 2001,                Chambers), A. La Pergola, J.-P. Puissochet (Rapporteur),
in which it:                                                                 L. Sevón, M. Wathelet, V. Skouris and J.N. Cunha Rodrigues,
                                                                             Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
                                                                             Deputy Registrar, for the Registrar, has given a judgment on
1.    Declares that by failing to adopt, within the prescribed period,       9 October 2001, in which it:
      all the laws, regulations and administrative provisions necessary
      to comply with Article 2(1) and (2) of Commission Directive
      96/2/EC of 16 January 1996 amending Directive                          1.    Dismisses the application by the Commission of the European
      90/388/EEC with regard to mobile and personal communi-                       Communities, based on Article 91(1) of the Rules of Procedure
      cations, in conjunction with the second and third paragraphs of              of the Court of Justice, for a declaration that there is no need to
      Article 3a of Commission Directive 90/388/EEC of 28 June                     adjudicate or that the action is inadmissible;
      1990 on competition in the markets for telecommunications
      services, the Hellenic Republic failed to fulfil its obligations       2.    Declares that the proceedings are to continue as to the substance
      under those Directives;                                                      of the case;
                                                                             3.    Reserves the costs.
2.    Orders the Hellenic Republic to pay the costs.
                                                                             (1) OJ C 20 of 22.1.2000.
(1) OJ C 6 of 8.1.2000, OJ C 366 of 18.12.1999.
                                                                                                JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                  (Fifth Chamber)
                                                                                                      of 18 October 2001
                          of 9 October 2001
                                                                             in Case C-441/99 (reference for a preliminary ruling
in Case C-400/99: Italian Republic v Commission of the                       from the Högsta domstolen): Riksskatteverket v Soghra
                     European Communities (1)                                                            Gharehveran (1)
(Action for annulment — State aid — Aid to a maritime                        (Directive 80/987/EEC — Approximation of the laws of the
transport undertaking — Public service contract — Exiting                    Member States relating to the protection of employees in the
aid or new aid — Initiation of the procedure under                           event of the insolvency of their employer — Scope of the
Article 88(2) EC — Obligation to suspend — No need to                        exclusion relating to Sweden provided for in point G of
                   adjudicate or inadmissibility)                            Section I of the Annex to the Directive — Designation of the
                                                                             State as liable to pay guaranteed wage claims — Effect on
                                                                                                     Directive 80/987/EEC)
                            (2001/C 348/07)
                                                                                                         (2001/C 348/08)
                      (Language of the case: Italian)
                                                                                                 (Language of the case: Swedish)
(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-400/99: Italian Republic (Agent: U. Leanza, assisted               In Case C-441/99: reference to the Court under Article 177 of
by P.G. Ferri) v Commission of the European Communities                      the EC Treaty (now Article 234 EC) from the Högsta domstolen
 ---pagebreak--- 8.12.2001                EN                     Official Journal of the European Communities                                             C 348/5
(Supreme Court), Sweden for a preliminary ruling in the                                      JUDGMENT OF THE COURT
proceedings pending before that court between Riksskattever-
ket and Soghra Gharehveran — on the interpretation of
Council Directive 80/987/EEC of 20 October 1980 on the                                              (Fourth Chamber)
approximation of the laws of the Member States relating to
the protection of employees in the event of the insolvency of                                      of 11 October 2001
their employer (OJ 1980 L 283, p. 23), as amended by the Act
concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden                 in Case C-457/99: Commission of the European Communi-
and the adjustments to the Treaties on which the European                                      ties v Hellenic Republic (1)
Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1,
p. 1) — the Court (Fifth Chamber), composed of: P. Jann,
                                                                           (Failure by a Member State to fulfil its obligations —
President of the Chamber, A. La Pergola (Rapporteur), L. Sevón,
M. Wathelet and C.W.A. Timmermans, Judges; L.A. Geelhoed,                  Directive 95/69/EC — Animal nutrition — Non-implemen-
                                                                                                           tation)
Advocate General; R. Grass, for the Registrar, has given a
judgment on 18 October 2001, in which it has ruled:
                                                                                                      (2001/C 348/09)
                                                                                                (Language of the case: Greek)
1.    Point G of Section I of the Annex to Council Directive
      80/987/EEC of 20 October 1980 on the approximation of                (Provisional translation; the definitive translation will be published
      the laws of the Member States relating to the protection of                              in the European Court Reports)
      employees in the event of the insolvency of their employer, as
      amended by the Act concerning the conditions of accession of
      the Republic of Austria, the Republic of Finland and the
      Kingdom of Sweden and the adjustments to the Treaties on             In Case C-457/99: Commission of the European Communities
      which the European Union is founded, is to be interpreted as         (Agent: M. Condou-Durande) v Hellenic Republic (Agents:
      not allowing the Kingdom of Sweden to exclude from the group         I.-K. Chalkias and D. Tsagkaraki) — application for a declar-
      of persons covered by the wage payment guarantee provided for        ation that, by failing to adopt the laws, regulations and
      by the Directive employees whose close relative owned, less than     administrative provisions necessary to comply with:
      six months before the petition in insolvency, at least 20 % of
      the shares of the company employing them, when the employees
      concerned did not themselves have any share in the capital of        —     Council Directive 95/53/EC of 25 October 1995 fixing
      that company.                                                              the principles governing the organisation of official
                                                                                 inspections in the field of animal nutrition (OJ 1995
                                                                                 L 265, p. 17),
                                                                           —     Council Directive 95/69/EC of 22 December 1995 laying
2.    Where a Member State has designated itself as liable to fulfil             down the conditions and arrangements for approving
      the obligation to meet wage and salary claims guaranteed under             and registering certain establishments and intermediaries
      Directive 80/987/EEC, an employee whose spouse was owner                   operating in the animal feed sector and amending
      of the company employing her is entitled to rely on the right to           Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and
      claim pay against the Member State concerned before a national             82/471/EEC (OJ 1995 L 332, p. 15), and
      court, notwithstanding the fact that, in breach of the Directive,
      the legislation of that Member State expressly excludes from the
      group of persons covered by the guarantee employees whose            —     Commission Directive 97/72/EC of 15 December 1997
      close relative was owner of at least 20 % of the shares of the             amending Council Directive 70/524/EEC concerning
      company but who did not themselves have any share in the                   additives in feedingstuffs (OJ 1997 L 351, p. 55),
      capital of that company.
                                                                           the Hellenic Republic has failed to fulfil its obligations under
                                                                           the EC Treaty and those Directives — the Court (Fourth
                                                                           Chamber), composed of: S. von Bahr, President of the Chamb-
                                                                           er, D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
                                                                           S. Alber, Advocate General; R. Grass, Registrar, has given a
(1) OJ C 34 of 5.2.2000.                                                   judgment on 11 October 2001, in which it:
                                                                           1.    Declares that, by failing to adopt, within the prescribed period,
                                                                                 the laws, regulations and administrative provisions necessary to
                                                                                 comply with Council Directive 95/69/EC of 22 December
                                                                                 1995 laying down the conditions and arrangements for
                                                                                 approving and registering certain establishments and intermedi-
                                                                                 aries operating in the animal feed sector and amending