CELEX: C2000/316/14
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 July 2000 in Case C-174/99 P: European Parliament v Pierre Richard (Officials — Recruitment procedure — Application of Article 29(1) of the Staff Regulations)

C 316/8                  EN                     Official Journal of the European Communities                                          4.11.2000
1.    Protocol No 2 on Article 119 of the Treaty establishing the          1.    Dismisses the appeal;
      European Community, annexed to the EC Treaty, applies to a
      payment such as the additional pre-retirement payment provided       2.    Orders the European Parliament to pay the costs.
      for by Collective Agreement No 17, rendered compulsory by the
      Royal Decree of 16 January 1975 and provided for in the
      Collective Labour Agreement of 23 May 1984 concluded                 (1) OJ C 246 of 28.8.1999.
      within Joint Sub-Committee No 315.1.
2.    An additional payment which, as in the present case, constitutes
      ‘pay’ within the meaning of Article 119 of the EC Treaty
      (Articles 117 to 120 of the EC Treaty have been replaced by
      Articles 136 EC to 143 EC) is not covered by Article 5 of
      Council Directive 76/207/EEC of 9 February 1976 on the
      implementation of the principle of equal treatment for men and
      women as regards access to employment, vocational training                            JUDGMENT OF THE COURT
      and promotion, and working conditions.
                                                                                                  of 12 September 2000
(1) OJ C 188 of 3.7.1999.
                                                                           in Case C-276/97: Commission of the European Communi-
                                                                                                ties v French Republic (1)
                                                                           (Failure to fulfil obligations — Article 4(5) of the Sixth VAT
                                                                           Directive — Access to roads on payment of a toll — Failure to
                                                                           levy VAT — Regulations (EEC, Euratom) Nos 1552/89 and
                                                                                  1553/89 — Own resources accruing from VAT)
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                           (2000/C 316/15)
                            of 13 July 2000
                                                                                               (Language of the case: French)
in Case C-174/99 P: European Parliament v Pierre
                               Richard (1)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Officials — Recruitment procedure — Application of
             Article 29(1) of the Staff Regulations)
                                                                           In Case C-276/97: Commission of the European Communities
                                                                           (Agents: H. Michard and E. Traversa) v French Republic
                           (2000/C 316/14)                                 (Agents: K. Rispal-Bellanger, and G. Mignot) — application for
                                                                           a declaration that,
                     (Language of the case: French)                        —     by failing to charge value added tax on motorway tolls as
                                                                                 consideration for the service supplied to users, contrary
                                                                                 to Articles 2 and 4 of the Sixth Council Directive
(Provisional translation; the definitive translation will be published           77/388/EEC of 17 May 1977 on the harmonisation of
                    in the European Court Reports)                               the laws of the Member States relating to turnover taxes
                                                                                 — Common system of value added tax: uniform basis of
In Case C-174/99 P: European Parliament (Agent: J. Sant’Anna,                    assessment (OJ 1977 L 145, p. 1), and
assisted by D. Waelbroeck) appeal against the judgment of the
Court of First Instance of the European Communities (Fifth                 —     by failing to make the corresponding sums, with interest
Chamber) of 9 March 1999 in Case T-273/97 Richard v                              for late payment, available to the Commission as own
Parliament [1999] ECR-SC I-A-45 and II-235, seeking to have                      resources,
that judgment set aside, the other party to the proceedings
being: Pierre Richard, an official of the European Parliament,             the French Republic has failed to fulfil its obligations under
residing in Luxembourg, represented by A. Lutgen and J. Felt-              the EC Treaty, — the Court, composed of: G.C. Rodrı́guez
gen, of the Luxembourg Bar, with an address for service in                 Iglesias, President, J.C. Moitinho de Almeida (Rapporteur),
Luxembourg at their Chambers, 1 Rue Jean-Pierre Brasseur —                 L. Sevón and R. Schintgen (Presidents of Chambers), P.J.G. Kap-
the Court (Fifth Chamber), composed of: D.A.O. Edward,                     teyn, C. Gulmann, J.-P. Puissochet, P. Jann, H. Ragnemalm,
President of the Chamber, P.J.G. Kapteyn, P. Jann, H. Ragne-               V. Skouris and F. Macken, Judges; S. Alber, Advocate General;
malm (Rapporteur) and M. Wathelet, Judges; J. Mischo, Advo-                D. Louterman-Hubeau and H.A. Rühl, Principal Adminis-
cate General; H.A. Rühl, Principal Administrator, for the                  trators, for the Registrar, has given a judgment on 12 Septemb-
Registrar, has given a judgment on 13 July 2000, in which it:              er 2000, in which it: