CELEX: C1999/226/06
Language: en
Date: 1999-08-07 00:00:00
Title: Judgment of the Court (First Chamber) of 10 June 1999 in Case C-430/97 (reference for a preliminary ruling from the Amtsgericht Köln): Jutta Johannes v Hartmut Johannes (Officials - Pension rights - Apportionment of pension rights in divorce proceedings)

C 226/4                   EN                     Official Journal of the European Communities                                              7.8.1999
(President of the First Chamber, acting for the President of                Euratom) No 2799/85 of 27 September 1985 (OJ 1982 L 265,
the Fifth Chamber) J.C. Moitinho de Almeida (Rapporteur),                   p. 1), in particular Article 27 of Annex VIII thereto — the
C. Gulmann, D.A.O. Edward and M. Wathelet Judges, N. Fen-                   Court (First Chamber) composed of: P. Jann President of the
nelly, Advocate General; L. Hewlett, Administrator, for the                 Chamber, L. Sevón (Rapporteur) and M. Wathelet, Judges;
Registrar, has given a judgment on 10 June 1999 in which it                 D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-
has ruled:                                                                  pal Administrator, for the Registrar, has given a judgment on
                                                                            10 June 1999, in which it has ruled:
1. Article 8(1) of Council Directive 92/81/EEC of 19 October
     1992 on the harmonisation of the structures of excise duties on        1. Regulation (EEC, Euratom, ECSC) No 259/68 of the Council
     mineral oils precludes the collection of a tax of the kind at issue        of 29 February 1968 laying down the Staff Regulations of
     in this case, which is levied on domestic commercial aviation and          Officials and the Conditions of Employment of Other Servants
     is calculated by reference to data on fuel consumption and                 of the European Communities and instituting special measures
     emissions of hydrocarbons and nitric oxide during an average               temporarily applicable to officials of the Commission, as amended
     flight by the type of aircraft used.                                       by Council Regulation (ECSC, EEC, Euratom) No 2799/85 of
                                                                                27 September 1985, in particular Article 27 of Annex VIII
2. The obligation imposed by Article 8(1)(b) of Directive 92/81 to              thereto, does not preclude the application, in proceedings between
     exempt from the harmonised excise duty mineral oils supplied for           two former spouses, of national rules of law of the kind contained
     use as fuel for the purpose of air navigation other than private           in Paragraph 1587 et seq. of the Bürgerliches Gesetzbuch,
     pleasure flying may be relied on by individuals in proceedings             providing for the apportionment of pension rights between
     before national courts in order to contest national rules that are         divorced spouses.
     incompatible with that obligation.
                                                                            2. Article 6 of the EC Treaty (now, after amendment, Article 12
                                                                                EC) does not preclude the laws of a Member State regulating the
(1) OJ C 357 of 22.11.1997.                                                     consequences of divorce between an official of the Communities
                                                                                and his former spouse, regard being had to the spouses’
                                                                                nationality as a connecting factor, from causing the official
                                                                                concerned to bear a heavier burden than would be borne by an
                                                                                official of a different nationality in the same situation.
                                                                            (1) OJ C 55 of 20.2.1998.
                   JUDGMENT OF THE COURT
                            (First Chamber)
                            of 10 June 1999
                                                                                              JUDGMENT OF THE COURT
in Case C-430/97 (reference for a preliminary ruling
from the Amtsgericht Köln): Jutta Johannes v Hartmut                                                    of 15 June 1999
                              Johannes (1)
                                                                            in Case C-140/97 (reference for a preliminary ruling from
(Officials — Pension rights — Apportionment of pension                      the Landesgericht Linz): Walter Rechberger and Renate
                    rights in divorce proceedings)                          Greindl, Hermann Hofmeister and Others v Republic of
                                                                                                           Austria (1)
                            (1999/C 226/06)                                 (Directive 90/314/EEC on package travel, package holidays
                                                                            and package tours — Travel offered at a reduced price to the
                                                                            subscribers of a daily newspaper — Transposition of the
                     (Language of the case: German)                                    directive — Liability of the Member State)
                                                                                                        (1999/C 226/07)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                                                (Language of the case: German)
In Case C-430/97: Reference to the Court under Article 234
EC (ex Article 177) by the Amtsgericht Köln (Germany) for a
preliminary ruling in the proceedings pending before that                   (Provisional translation; the definitive translation will be published
court between Jutta Johannes and Hartmut Johannes on the                                         in the European Court Reports)
interpretation of Article 6 of the EC Treaty (now, after
amendment, Article 12 EC) and of Regulation (EEC, Euratom,                  In Case C-140/97: reference to the Court under Article 177 of
ECSC) No 259/68 of the Council of 29 February 1968 laying                   the EC Treaty (now Article 234 EC) from the Landesgericht
down the Staff Regulations of Officials and the Conditions of               Linz (Regional Court, Linz) for a preliminary ruling in the
Employment of Other Servants of the European Communities                    proceedings pending before that court between Walter
and instituting special measures temporarily applicable to                  Rechberger and Renate Greindl, Hermann Hofmeister and
officials of the Commission (OJ, English Special Edition 1968               Others and the Republic of Austria — on the interpretation of
(I), p. 30), as amended by Council Regulation (ECSC, EEC,                   Article 7 of Council Directive 90/314/EEC of 13 June 1990