CELEX: C1997/094/04
Language: en
Date: 1997-03-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 6 February 1997 in Case C-205/96: Commission of the European Communities v. Kingdom of Belgium (Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels - Non-transposition)

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
 ---pagebreak--- 22 . 3 . 97            EN                   Official Journal of the European Communities                                  No C 94/3
      92/42/EEC of 21 May 1992 on efficiency requirements              Reference for a preliminary ruling from the Sozialgericht
     for new hot-water boilers fired with liquid or gaseous            Hamburg by order of that court of 31 July 1996 in the
     fuels, the Kingdom of Belgium has failed to fulfil its            case of Mechthild Kehrl v. Allgemeine Ortskrankenkasse
      obligations under Article 9 (1 ) of that Directive;              Hamburg (interested third party: Bundesanstalt fur Arbeit)
                                                                                                  Case C-414/96)
2 . orders the Kingdom of Belgium to pay the costs.                                                ( 97/C 94/06 )
(') OJ No C 247, 24 . 8 . 1996 .
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by an order of the 22nd Chamber
                                                                       of the Sozialgericht ( Social Court) Hamburg of 31 July
                                                                       1996, which was received at the Court Registry on
                                                                       30 December 1996, for a preliminary ruling in the case of
                                                                       Mechthild Kehrl v. Allgemeine Ortskrankenkasse Ham­
                   ORDER OF THE COURT                                  burg (interested third party: Bundesanstalt fur Arbeit) on
                         (First Chamber)
                                                                       the following questions :
                      of 21 January 1997                               ( a ) Does the exclusion of male and female workers
in Case C-156/96 P: Calvin Williams v. Court of Auditors                     employed for less than 18 hours a week from the
               of the European Communities (')                               compulsory statutory unemployment insurance scheme
                                                                             constitute indirect discrimination contrary to Article 4
(Appeal — Officials — Obligations — Acts incompatible                        of Directive 79/7/EEC ( J ), if disproportionately more
with the dignity of the official's office — Duty of loyalty                  women than men are affected by that exclusion;
     — Disciplinary proceedings — Removal from post)
                           ( 97/C 94/05 )                              ( b ) Does the exclusion of male and female workers
                                                                             employed for less than 18 hours a week from the
                 (Language of the case: French)                              compulsory statutory unemployment insurance scheme
                                                                             constitute indirect discrimination contrary to Article 4
                                                                             of Directive 79/7/EEC, if a worker has several
  (Provisional translation; the definitive translation will be               employment contracts which together amount to
           published in the European Court Reports)                          more than 90 % of full-time employment, and if
                                                                             disproportionately more women than men are affected
                                                                             by that exclusion ?
In Case C-156/96 P: Calvin Williams, a former official of
the Court of Auditors of the European Communities,                     (') OJ No L 6 , 10 . 1 . 1979 , p. 24 .
residing in Luxembourg, represented by Eric Boigelot, of
the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Louis Schiltz, 2 rue du
Fort Rheinsheim — appeal against the judgment of the
Court of First Instance of the European Communities
( Fifth Chamber ) of 7 March 1996 in Case T-146/94
Calvin Williams v. Court of Auditors [ 1996] ECR-SC II­                Action brought on 30 December 1996 by the Kingdom
329, seeking to have that judgment set aside — the other               of Spain against the Commission of the European
                                                                                                   Communities
party to the proceedings being: Court of Auditors of the
European Communities, represented by Jean-Marie                                                   Case C-415/96 )
Stenier, Jan Inghelram and Paolo Giusta, of the Legal                                              ( 97/C 94/07)
Service, acting as Agents, with an address for service in
Luxembourg at the seat of the Court of Auditors, 12 rue
Alcide de Gasperi, Kirchberg — the Court ( First                       An action against the Commission of the European
Chamber), composed of: L. Sevon, President of the                      Communities was brought before the Court of Justice of
Chamber, P. Jann ( Rapporteur) and M. Wathelet, Judges;                the European Communities on 30 December 1996 by the
A. La Pergola, Advocate-General; R. Grass, Registrar,                  Kingdom of Spain, represented by Luis Perez de Ayala Be­
made an order on 21 January 1997, the operative part of                cerril, Abogado del Estado, of the State Legal Department
which is as follows :
                                                                       dealing with matters before the Court of Justice, acting as
                                                                       Agent, with an address for service in Luxembourg at the
1 . the appeal is dismissed;                                           Spanish Embassy, 4—6 Boulevard E. Servais.
                                                                       The applicant claims that the Court should:
2 . the appellant is ordered to pay the costs.
W OJ No C 180 , 22 . 6 . 1996 .
                                                                       1 . declare null and void the decision adopted by the
                                                                             Commission of the European Communities on
                                                                             18 September 1996 amending Decision 317/92/EEC (*)
                                                                             of 25 March 1992;