CELEX: C2000/149/07
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court (Second Chamber) of 16 March 2000 in Case C-284/98 P: European Parliament v Roland Bieber (Appeal — Officials — Leave on personal grounds — Reinstatement — Non-contractual liability of the Community — Determination of the period to be taken into account for calculating the damage suffered)

27.5.2000                EN                     Official Journal of the European Communities                                             C 149/5
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                         (Second Chamber)                                                           (Third Chamber)
                                                                                                    of 16 March 2000
                          of 16 March 2000
                                                                           in Case C-439/98: Commission of the European Communi-
in Case C-284/98 P: European Parliament v Roland Bieber                                         ties v Italian Republic (1)
(Appeal — Officials — Leave on personal grounds —                          (Failure by a Member State to fulfil its obligations —
Reinstatement — Non-contractual liability of the Com-                      Directive 95/30/EC — Protection of workers from risks
munity — Determination of the period to be taken into                             related to exposure to biological agents at work)
         account for calculating the damage suffered)
                                                                                                     (2000/C 149/08)
                           (2000/C 149/07)
                                                                                               (Language of the case: Italian)
                     (Language of the case: French)
                                                                           (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-439/98: Commission of the European Communities
                                                                           (Agents: initially A. Aresu, subsequently K. Oldfelt Hjertonsson)
                                                                           against Italian Republic (Agent: Professor U. Leanza, assisted
In Case C-284/98 P: European Parliament (Agents: J.L.R. Quin-
                                                                           by D. Del Gaizo) — application for a declaration that by failing
tana and E. Waldherr), appeal against the judgment of the
Court of First Instance of the European Communities (Fifth                 to adopt and bring into force within the prescribed period the
                                                                           laws, regulations and administrative provisions necessary to
Chamber) of 26 May 1998 in Case T-205/96 Bieber v Parlia-
                                                                           comply with Commission Directive 95/30/EC of 30 June 1995
ment [1998] ECR I-A-231 and II-723, seeking to have that
judgment set aside, the other party to the proceedings being               adapting to technical progress Council Directive 90/679/EEC
                                                                           on the protection of workers from risks related to exposure to
Roland Bieber, a former official of the European Parliament,
                                                                           biological agents at work (seventh individual Directive within
residing in Lausanne, Switzerland, represented by G. Vander-
sanden, of the Brussels Bar, with an address for service in                the meaning of Article 16 (1) of Directive 89/391/EEC)
                                                                           (OJ 1995 L 155, p. 41), or by failing to communicate such
Luxembourg at the office of Fiduciaire Myson SARL, 30 Rue
                                                                           provisions, the Italian Republic has failed to fulfil its obligations
de Cessange — the Court (Second Chamber), composed of:
R. Schintgen (Rapporteur), President of the Chamber, G. Hirsch             under that Directive — the Court (Third Chamber), composed
                                                                           of: J.C. Moitinho de Almeida (Rapporteur), President of the
and V. Skouris, Judges; G. Cosmas, Advocate General; R. Grass,
Registrar, has given a judgment on 16 March 2000, in which                 Chamber, C. Gulmann and J.-P. Puissochet, Judges; S. Alber,
it:                                                                        Advocate General; R. Grass, Registrar, gave a judgment on
                                                                           16 March 2000, in the operative part of which it:
1. Sets aside point 3 of the operative part of the judgment of the
                                                                           1. Declares that, by failing to adopt within the prescribed period the
    Court of First Instance of 26 May 1998 in Case T-205/96
                                                                               laws, regulations and administrative provisions necessary to
    Bieber v Parliament;
                                                                               comply with Commission Directive 95/30/EC of 30 June 1995
                                                                               adapting to technical progress Council Directive 90/679/EEC
2. Declares that the amount payable to Mr Bieber as compensation               on the protection of workers from risks related to exposure to
    for his loss of income is equivalent to the difference between the         biological agents at work (seventh individual Directive within the
    net remuneration he would have received between 1 January                  meaning of Article 16 (1) of Directive 89/391/EEC), the Italian
    1995 and 23 February 1996 and the total net income he                      Republic has failed to fulfil its obligations under that Directive;
    received from other employment;
                                                                           2. Orders the Italian Republic to pay the costs.
3. Dismisses the remainder of the appeal;
4. Orders the European Parliament to pay the costs of this appeal.         (1) OJ C 33 of 6.2.1999.