CELEX: C2000/211/21
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-207/00: Action brought on 25 May 2000 by the Commission of the European Communities against the Italian Republic

C 211/12                EN                      Official Journal of the European Communities                                       22.7.2000
The applicant claims that the Court should:                                     so, are the provisions of Article L. 24-1(3) of the Code des
                                                                                Pensions Civiles et Militaires de Retraite in breach of the
— Declare that, by maintaining in force Article 8 of Law                        principle of equal pay?
     223/90 in respect of contracts entered into prior to
     28 February 1998, the Italian Republic has failed to                  (2) If Article 119 of the Treaty of Rome is not applicable, do
     transpose Article 11(3) of Council Directive 89/552/EEC (1)                the provisions of Directive 79/7/EEC of 19 December
     on the coordination of certain provisions laid down by                     1978 (1) preclude France’s maintaining provisions such as
     law, regulation or administrative action in Member States                  those of Article L. 24-1(3) of the Code des Pensions Civiles
     concerning the pursuit of television broadcasting activities,              et Militaires de Retraite?
     the Italian Republic has failed to fulfil its obligations under
     that directive;
                                                                           (1) Council Directive 79/7/EEC of 19 December 1978 on the pro-
— Order the Italian Republic to pay the costs.                                 gressive implementation of the principle of equal treatment for
                                                                               men and women in matters of social security (OJ 1979 L 6, p. 24).
The pleas in law and main arguments
Although, in principle, Article 3(2) and (3) of Law No 122/98
transposes Article 11(2) and (3) of Directive 89/552/EEC, the
derogation provided for in the last sentence of Article 3(3) of
Law No 122/98, which provides that the new provisions on
interruptions by advertisements do not apply to programmes
for which the rights were acquired prior to 28 February 1998,              Action brought on 25 May 2000 by the Commission of
leaves in force, only in respect of such contracts, Article 8 of             the European Communities against the Italian Republic
Law No 223/90. From that point of view, therefore,
Article 11(2) of the directive has not been transposed into
                                                                                                    (Case C-207/00)
Italian law and Article 11(3) has not been correctly transposed,
albeit strictly in relation to those contracts entered into prior
to 28 February 1998.                                                                                (2000/C 211/21)
(1) OJ 1989 L 298, p. 23.                                                  An action against the Italian Republic was brought before the
                                                                           Court of Justice of the European Communities on 25 May
                                                                           2000 by the Commission of the European Communities,
                                                                           represented by Karen Banks, Legal Adviser, and Laura Pignata-
                                                                           ro, of the Legal Service, acting as Agents, with an address for
                                                                           service in Luxembourg at the office of Carlos Gómez de la
                                                                           Cruz, of the Commission’s Legal Service, Wagner Centre,
                                                                           Kirchberg.
Reference for a preliminary ruling from the Tribunal
Administratif, Chalons-en-Champagne (Second Chamber),                      The applicant claims that the Court should:
France, by judgment of that court of 25 April 2000 in the
case of Henri Mouflin v Recteur de l’Académie de Reims;
                                                                           — Declare that, by failing to adopt the laws, regulations
Syndicat Général de l’Éducation Nationale et de la Recher-
                                                                                and administrative provisions necessary to comply with
         che Publique CFDT de la Marne, intervenor
                                                                                Directive 97/36/EC (1) of the European Parliament and of
                                                                                the Council of 30 June 1997 amending Council Directive
                          (Case C-206/00)                                       89/552/EEC (2) on the coordination of certain provisions
                                                                                laid down by law, regulation or administrative action
                          (2000/C 211/20)                                       in Member States concerning the pursuit of television
                                                                                broadcasting activities, specifically Article 1(1) amending
                                                                                Article 1(c) of Directive 89/552/EEC; Article 1(2) which
Reference has been made to the Court of Justice of the                          replaces Article 2 of Directive 89/552/EEC but not
European Communities by a judgment of the Tribunal Admini-                      Article 2(3), (4)(5) and (6); Article 1(3) which inserts
stratif (Administrative Court), Chalons-en-Champagne (Second                    Article 2a into Directive 89/552/EEC; Article 1(4) which
Chamber), of 25 April 2000, which was received at the Court                     introduces Article 3a(3) into Directive 89/552/EEC;
Registry on 25 May 2000, for a preliminary ruling in the case                   Article 1(12), which replaces Article 10 of Directive
of Henri Mouflin v Recteur de l’Académie de Reims; Syndicat                     89/552/EEC, but not Article 10(2); Article 1(14) amending
Géneral de l’Éducation Nationale et de la Recherche Publique                   the first sentence of Article 12 of Directive 89/552/EEC;
CFDT de la Marne, intervenor, on the following questions:                       Article 1(15) which replaces Article 13 of Directive
                                                                                89/552/EEC; and finally Article 1(18) which adds a para-
(1) Do the pensions provided under the French retirement                        graph 2 to Article 16 to Directive 89/552/EEC, the Italian
     pension scheme for public servants rank as ‘pay’ under                     Republic has failed to fulfil its obligations under that
     Article 119 of the Treaty of Rome, now Article 141 EC? If                  directive;
 ---pagebreak--- 22.7.2000                EN                   Official Journal of the European Communities                                      C 211/13
— Order the Italian Republic to pay the costs.                           2. order the Federal Republic of Germany to pay the costs.
The pleas in law and main arguments                                      Pleas in law and main arguments
Under the third paragraph Article 249 of the EC Treaty, a                In accordance with the fourth paragraph of Article 249 EC,
directive is to be binding, as to the result to be achieved, upon        the Commission decision of 8 July 1999 is binding in its
each Member State to which it is addressed. Under Article 10(1)          entirety on the Federal Republic of Germany as its addressee,
of the Treaty, Member States are to take appropriate measures,           and it is to be implemented immediately. Since 4 August 1989
whether general or particular, to ensure fulfilment of the               the Federal Republic of Germany has been obliged under
obligations arising out of that Treaty or resulting from action          Article 2 of the decision to adopt all necessary measures to
taken by the institutions of the Community.                              withdraw the aid, which was made available unlawfully, and
                                                                         to recover it from the recipient. Under Article 3, Germany
The Commission finds that, to date, despite the fact that the            must communicate to the Commission within two months
prescribed time-limit has expired, the Italian Republic has not          following notification of the decision the measures adopted to
brought into force the necessary provisions in order to comply           comply with it. In accordance with Article 242 EC, the actions
with Directive 97/36/EC and must therefore declare that the              brought against the decision (1) do not have suspensory effect;
Italian Republic has failed to fulfil its obligations under              an application for suspension of operation of the decision is
Article 2 of the directive.                                              possible under that provision but none has been made.
                                                                         Proposals made hitherto by the Federal Government for
                                                                         implementing the decision have been unacceptable for the
(1) OJ 1997 L 202, p. 60.
                                                                         Commission. Nor was repayment made before a final deadline
(2) OJ 1989 L 298, p. 23.                                                expired.
                                                                         (1) By the Federal Republic of Germany (Case C-376/99), Westdeut-
                                                                             sche Landesbank Girozentrale (T-228/99) and the Land of
                                                                             Nordrhein-Westfalen (T-233/99).
Action brought on 25 May 2000 by the Commission of
the European Communities against the Federal Republic
                            of Germany
                          (Case C-209/00)
                                                                         Reference for a preliminary ruling by the Tribunal du
                                                                         Travail de Mons (Second Chamber) by judgment of that
                          (2000/C 211/22)                                court of 24 May 2000, in the case of Salvatore Stallone
                                                                                       against Office National de l’Emploi
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-                                     (Case C-212/00)
ties on 25 May 2000 by the Commission of the European
Communities, represented by Francisco Santaolalla, Principal
                                                                                                 (2000/C 211/23)
Legal Adviser, and Dr Klaus-Dieter Borchardt, of its Legal
Service, with an address for service in Luxembourg at the office
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                Reference has been made to the Court of Justice of the
Centre C 254, Kirchberg.                                                 European Communities by judgment of the Tribunal du Travail
                                                                         de Mons (Labour Court, Mons) (Second Chamber) of 24 May
                                                                         2000, received at the Court Registry on 30 May 2000, for a
The Commission claims that the Court should:
                                                                         preliminary ruling in the case of Salvatore Stallone against
                                                                         Office National de l’Emploi on the following question:
1. declare that, by not adopting within the period laid down
     all necessary measures to withdraw aid and reclaim
     from Westdeutsche Landesbank Girozentrale aid already               Do the EC treaties, the EC rules, and in particular Articles 1(f)
     granted, the Federal Republic of Germany has failed to              and 68(2) of Council Regulation (EC) No 118/97 of 2 Decem-
     fulfil its obligations under Article 249 EC and Article 3 of        ber 1996 (1), in their current versions or in their version
     Commission Decision K (1999) 2265 final of 8 July 1999              between 1 December 1990 and the date hereof, preclude
     by which the State aid granted by Germany in favour of              Article 110(1), first and second subparagraphs, of the Royal
     Westdeutsche Landesbank Girozentrale in the years 1992              Decree of 25 November 1991 concerning rules on unemploy-
     to 1998 was declared incompatible with the common                   ment in that this national provision makes the award of a
     market;                                                             better rate of unemployment benefit subject to a condition