CELEX: C1998/397/14
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 27 October 1998 in Case C-364/97: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Non-transposition of Directive 93/103/EC)

19.12.98             EN                Official Journal of the European Communities                                      C 397/9
Provinciale (Provincial Tax Court), Milan (Italy) for a           obligations under the EC Treaty Ð the Court (First
preliminary ruling in the proceedings pending before that         Chamber), composed of: P. Jann (Rapporteur), President
court between Abruzzi Gas SpA (Agas) and                          of the Chamber, L. Sevón and M. Wathelet, Judges; A. La
Amministrazione Tributaria di Milano Ð on the                     Pergola, Advocate-General; R. Grass, Registrar, has given
interpretation of Council Directive 69/335/EEC of 17 July         a judgment on 27 October 1998, in which it:
1969 concerning indirect taxes on the raising of capital
(OJ English Special Edition 1969 (II), p. 412), as amended
by Council Directive 85/303/EEC of 10 June 1985 (OJ
L 156, 15.6.1985, p. 23) Ð the Court (Sixth Chamber),             1. Declares that, failing to adopt within the period
composed of: G. Hirsch, President of the Second Chamber,               prescribed the laws, regulations and administrative
acting for the President of the Sixth Chamber, G. F.                   provisions necessary to comply with Council Directive
Mancini, J. L. Murray, H. Ragnemalm (Rapporteur) and                   93/103/EC of 23 November 1993 concerning the
K. M. Ioannou, Judges; G. Cosmas, Advocate-General;                    minimum safety and health requirements for work on
D. Louterman-Hubeau, Principal Administrator, for the                  board fishing vessels (13th individual directive within
Registrar, has given a judgment on 27 October 1998, in                 the meaning of Article 16(1) of Directive 89/391/
which it has ruled:                                                    EEC), Ireland has failed to fulfil its obligations under
                                                                       Article 13(1) thereof;
Council Directive 69/335/EEC of 17 July 1969 concerning           2. Orders Ireland to pay the costs.
indirect taxes on the raising of capital, as amended by
Council Directive 85/303/EEC of 10 June 1985, does not
preclude the levying of registration duty in respect of the       (1) OJ C 370, 6.12.1997.
acquisition of companies by a company which already
holds all the shares in the companies acquired.
(1) OJ C 199, 28.6.1997.
                                                                                 JUDGMENT OF THE COURT
                                                                                          (Fifth Chamber)
                                                                                        of 29 October 1998
              JUDGMENT OF THE COURT                                      in Case C-185/96: Commission of the European
                                                                               Communities v. Hellenic Republic (1)
                       (First Chamber)
                                                                  (Failure of a Member State to fulfil its obligations Ð
                     of 27 October 1998                                    Benefits for large families Ð Discrimination)
      in Case C-364/97: Commission of the European                                         (98/C 397/15)
                  Communities v. Ireland (1)
(Failure to fulfil obligations Ð Non-transposition of
                    Directive 93/103/EC)                                          (Language of the case: Greek)
                         (98/C 397/14)
                                                                    (Provisional translation; the definitive translation will be
                                                                            published in the European Court Reports)
               (Language of the case: English)
                                                                  In Case C-185/96: Commission of the European
In Case C-364/97: Commission of the European                      Communities (Agent: Maria Patakia) v. Hellenic Republic
Communities (Agent: Pieter Jan Kuijper) v. Ireland (Agent:        (Agents: Ioanna Galani-Maragkoudaki and Stamatina
Michael A. Buckley) Ð application for a declaration that,         Vodina) Ð application for a declaration that, by
by not adopting and/or by not communicating to the                precluding by regulation or administrative practice on the
Commission the laws, regulations and administrative               grounds of their nationality employed or self-employed
provisions necessary to comply with Council Directive 93/         workers from other Member States and the members of
103/EC of 23 November 1993 concerning the minimum                 their families from being attributed large-family status for
safety and health requirements for work on board fishing          the purpose of the award of special benefits for such
vessels (13th individual directive within the meaning of          families and from being awarded family allowances, the
Article 16(1) of Directive 89/391/EEC) (OJ L 307,                 Hellenic Republic has failed to fulfil its obligations under
13.12.1993, p. 1), Ireland has failed to fulfil its               Articles 48 and 52 of the EC Treaty, Article 7 of Council