CELEX: C1997/094/03
Language: en
Date: 1997-03-22 00:00:00
Title: JUDGMENT OF THE COURT of 4 February 1997 in Joined Cases C-9/95, C-23/95 and C-156/95: Kingdom of Belgium and Federal Republic of Germany v. Commission of the European Communities, supported by the United Kingdom of Great Britain and Northern Ireland and by the French Republic (Bananas - Common organization of the markets - Natural disaster - Import quota - Adjustment and allocation)

No C 94/2              EN                  Official Journal of the European Communities                                     22 . 3 . 97
Sevón, President of the First Chamber, acting for the                 quarter of 1995 as a result of tropical storm Debbie ( OJ
President of the Fifth Chamber, D. A. O. Edward, J.-P.                No L 51 , 8 . 3 . 1995 , p. 8 ) — the Court, composed of:
Puissochet ( Rapporteur), P. Jann and M. Wathelet, Judges;            G. C. Rodriguez Iglesias, President, G. E Mancini, J. C.
D. Ruiz-Jarabo Colomer, Advocate-General; R. Grass,                   Moitinho de Almeida ( Rapporteur) and J. L. Murray
Registrar, has given a judgment on 30 January 1997, in                (Presidents of Chambers), P. J. G. Kapteyn, C. Gulmann,
which it has ruled :                                                  D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann and
                                                                      H. Ragnemalm, Judges; M. B. Elmer, Advocate-General;
                                                                      D. Louterman-Hubeau, Principal Administrator, for the
For the purposes of Articles 14a and 14c of Council                   Registrar, has given a judgment on 4 February 1997, in
Regulation (EEC) No 1408/71 of 14 June 1971 on the                    which it:
application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and                  I . dismisses the applications;
updated by Regulation (EEC) No 2001 /83, 'employed'
and 'self-employed' should be understood to refer to                  2 . orders the applicants to pay the costs;
activities which are regarded as such for the purposes of
the social security legislation of the Member State in                3.   orders the interveners to bear their own costs.
whose territory those activities are pursued.
                                                                      (') OJ No C 54, 4 . 3 . 1995 .
(') OJ No C 208 , 12 . 8 . 1995 .                                         OJ No C 74, 25, 3 . 1995 .
                                                                          OJ No C 208 , 12 . 8 . 1995
               JUDGMENT OF THE COURT
                       of 4 February 1997                                            JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
in Joined Cases C-9/95 , C-23/95 and C-156/95 : Kingdom
of Belgium and Federal Republic of Germany v.                                                 of 6 February 1997
Commission of the European Communities, supported by                  in Case C-205/96:             Commission of the European
the United Kingdom of Great Britain and Northern                                 Communities v. Kingdom of Belgium (')
            Ireland and by the French Republic ( 1 )
                                                                      (Directive 92/42/EEC on efficiency requirements for new
(Bananas — Common organization of the markets —                       hot-water boilers fired with liquid or gaseous fuels —
Natural disaster — Import quota — Adjustment and                                              Non-transposition)
                              allocation)
                                                                                                  ( 97/C 94/04 )
                            ( 97/C 94/03 )
                                                                                      (Language of the case: French)
         (Languages of the case: Dutch and German)
                                                                        (Provisional translation; the definitive translation will be
  (Provisional translation; the definitive translation will be                  published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-205/96: Commission of the European
In Joined Cases C-9/95 , C-23/95 and C-156/95 : Kingdom               Communities (Agents: Richard Wainwright and Jean­
of Belgium (Agent: J. Devadder ) and Federal Republic of              Francis Pasquier) v. Kingdom of Belgium (Agent:
Germany (Agent: E. Röder) v. Commission of the                        Raymonde Foucart) — application for a declaration that,
European Communities ( Cases C-9/95 and C-156/95 —                    by failing to adopt within the prescribed period the laws,
Agent: T. van Rijn; Case C-23/95 — Agents : D. Booß and               regulations and administrative provisions necessary to
K.-D . Borchardt) supported in Cases C-9/95 , C-23/95 and             comply with Council Directive 92/42/EEC of 21 May
C-156/95 by the United Kingdom of Great Britain and                   1992 on efficiency requirements for new hot-water boilers
Northern Ireland (Agent: S. Braviner, assisted by D.                  fired with liquid or gaseous fuels ( OJ No L 167, 22 . 6 .
Anderson) and in Case C-156/95 by the French Republic                 1992, p. 17), the Kingdom of Belgium has failed to fulfil
(Agents: C. de Salins and F. Pascal — application for the             its obligations under the EC Treaty — the Court ( Fifth
annulment — in Cases C-9/95 and C-23/95, of                           Chamber), composed of: J. C. Moitinho de Almeida
Commission Regulation ( EC) No 2791 /94 of 16 November                ( Rapporteur), President of the Chamber, C. Gulmann and
1994 on the exceptional allocation of a quantity                      D. A. O. Edward, Judges; N. Fennelly, Advocate-General;
additional to the tariff quota for imports of bananas in              R. Grass, Registrar, has given a judgment on 6 February
                                                                      1997, in which it:
1994 as a result of tropical storm Debbie ( OJ No L 296,
17. 11 . 1994, p. 33 ) and — in Case C-156/95, of
Commission Regulation (EC ) No 510/95 of 7 March 1995                 1 . declares that, by failing to adopt within the prescribed
on the exceptional allocation of a quantity additional to                  period the laws, regulations and administrative
the tariff quota for imports of bananas during the first                   provisions necessary to comply with Council Directive