CELEX: C2000/063/09
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 December 1999 in Case C-239/98: Commission of the European Communities v French Republic (Failure to fulfil obligations — Non-transposition of Directives 92/49/EEC and 92/96/EEC — Direct insurance other than life assurance and direct life assurance)

4.3.2000                EN                      Official Journal of the European Communities                                             C 63/5
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                            (Fifth Chamber)
                      of 16 December 1999                                                         of 16 December 1999
                                                                           in Case C-239/98: Commission of the European Communi-
in Case C-198/98 (reference for a preliminary ruling                                            ties v French Republic (1)
from the Industrial Tribunal, Bristol): G. Everson and
T.J. Barrass v Secretary of State for Trade and Industry,
                          Bell Lines Ltd (1)                               (Failure to fulfil obligations — Non-transposition of Direc-
                                                                           tives 92/49/EEC and 92/96/EEC — Direct insurance other
                                                                                     than life assurance and direct life assurance)
(Social policy — Protection of employees in the event of the
insolvency of their employer — Directive 80/987/EEC —
Employees residing and employed in a State other than that                                            (2000/C 63/09)
in which the employer has its principal establishment —
                       Guarantee institution)
                                                                                               (Language of the case: French)
                           (2000/C 63/08)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: English)
                                                                           In Case C-239/98: Commission of the European Communities
In Case C-198/98: reference to the Court under Article 177 of              (Agents: C. Tufvesson and B. Mongin) v French Republic
the EC Treaty (now Article 234 EC) from the Industrial                     (Agents: K. Rispal-Bellanger and C. Chavance) — application
Tribunal, Bristol, United Kingdom, for a preliminary ruling                for a declaration that, by failing to adopt (or bring into force)
in the proceedings pending before that tribunal between                    and communicate all the laws, regulations and administrative
G. Everson, T.J. Barrass and Secretary of State for Trade and              provisions necessary in order to comply fully with Council
Industry, Bell Lines Ltd (in liquidation) — on the interpretation          Directive 92/49/EEC of 18 June 1992 on the coordination of
of Article 3 of Council Directive 80/987/EEC of 20 October                 laws, regulations and administrative provisions relating to
1980 on the approximation of the laws of the Member States                 direct insurance other than life assurance and amending
relating to the protection of employees in the event of the                Directives 73/239/EEC and 88/357/EEC (third non-life
insolvency of their employer (OJ 1980 L 283, p. 23) — the                  insurance Directive) (OJ 1992 L 228, p. 1) and with Council
Court (Fifth Chamber), composed of: L. Sevón, President of the            Directive 92/96/EEC of 10 November 1992 on the coordi-
First Chamber, acting as President of the Fifth Chamber,                   nation of laws, regulations and administrative provisions
C. Gulmann, J.-P. Puissochet, P. Jann and M. Wathelet (Rappor-             relating to direct life assurance and amending Directives
teur), Judges; D. Ruiz-Jarabo Colomer, Advocate General;                   79/267/EEC and 90/619/EEC (third life assurance Directive)
H.A. Rühl, Principal Administrator, for the Registrar, has given           (OJ 1992 L 360, p. 1) and, in particular, by not transposing
a judgment on 16 December 1999, in which it has ruled:                     those directives with regard to mutual societies governed by
                                                                           the Code de la Mutualité, the French Republic has failed to
                                                                           fulfil its obligations under the EC Treaty and under those
Where the employees adversely affected by the insolvency of their          directives — the Court (Fifth Chamber), composed of:
employer were employed in a Member State by the branch established         D.A.O. Edward, President of the Chamber, J.C. Moitinho de
in that State of a company incorporated under the laws of another          Almeida (Rapporteur), L. Sevón, J.-P. Puissochet and P. Jann,
Member State, where that company has its registered office and in          Judges; S. Alber, Advocate General; H. von Holstein, Deputy
which it was placed in liquidation, the competent institution, under       Registrar, for the Registrar, has given a judgment on 16 Decem-
Article 3 of Council Directive 80/987/EEC of 20 October 1980 on            ber 1999, in which it:
the approximation of the laws of the Member States relating to the
protection of employees in the event of the insolvency of their            1. Declares that, by failing to adopt all the laws, regulations and
employer, for payment to those employees of outstanding claims is               administrative provisions necessary in order to comply fully
that of the State within whose territory they were employed.                    with Council Directive 92/49/EEC of 18 June 1992 on the
                                                                                coordination of laws, regulations and administrative provisions
                                                                                relating to direct insurance other than life assurance and
                                                                                amending Directives 73/239/EEC and 88/357/EEC (third
(1) OJ C 234 of 25.7.1998.                                                      non-life insurance Directive) and with Council Directive
                                                                                92/96/EEC of 10 November 1992 on the coordination of laws,
                                                                                regulations and administrative provisions relating to direct
                                                                                life assurance and amending Directives 79/267/EEC and
                                                                                90/619/EEC (third life assurance Directive) and, in particular,
 ---pagebreak--- C 63/6                   EN                     Official Journal of the European Communities                                           4.3.2000
    by not transposing those directives with regard to mutual societies    2. The derogation laid down in Article 7(1)(a) of Directive
    governed by the Code de la Mutualité, the French Republic has              79/7/EEC is not applicable to a benefit such as that paid under
    failed to fulfil its obligations under the EC Treaty and under             Regulations 2(5), 2(6) and 3(1) of the Social Fund Winter Fuel
    those directives;                                                          Payment Regulations 1998.
2. Orders the French Republic to pay the costs.
                                                                           (1) OJ C 397 of 19.12.1998.
(1) OJ C 278 of 5.9.1998.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                             (Third Chamber)
                          (Sixth Chamber)                                                        of 16 December 1999
                       of 16 December 1999                                 in Case C-26/99: Commission of the European Communi-
                                                                                       ties v Grand Duchy of Luxembourg (1)
in Case C-382/98 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s                    (Failure by a Member State to fulfil its obligations — Failure
Bench Division (Divisional Court)): The Queen v Sec-                                       to transpose Directive 95/30/EC)
retary of State for Social Security, ex parte: John Henry
                               Taylor (1)
                                                                                                     (2000/C 63/11)
(Directive 79/7/EEC — Equal treatment for men and women
in matters of social security — Grant of a winter fuel                                         (Language of the case: French)
             payment — Link with pensionable age)
                           (2000/C 63/10)                                  (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: English)                        In Case C-26/99: Commission of the European Communities
                                                                           (Agents: P.J. Kuijper and N. Yerrell) v Grand Duchy of
In Case C-382/98: reference to the Court under Article 177 of              Luxembourg (Agent: P. Steinmetz) — application for a declar-
the EC Treaty (now Article 234 EC) from the High Court                     ation that, by failing to adopt and/or notify to the Commission
of Justice of England and Wales, Queen’s Bench Division                    the laws, regulations and administrative provisions necessary
(Divisional Court), United Kingdom, for a preliminary ruling               to comply with Commission Directive 95/30/EC of 30 June
in the proceedings pending before that court between The                   1995 adapting to technical progress Council Directive
Queen and Secretary of State for Social Security, ex parte: John           90/679/EEC on the protection of workers from risks related
Henry Taylor — on the interpretation of Articles 3 and 7(1)(a)             to exposure to biological agents at work (seventh individual
of Council Directive 79/7/EEC of 19 December 1978 on the                   Directive within the meaning of Article 16(1) of Directive
progressive implementation of the principle of equal treatment             89/391/EEC) (OJ 1995 L 155, p. 41), the Grand Duchy of
for men and women in matters of social security (OJ 1979 L 6,              Luxembourg has failed to fulfil its obligations under the
p. 24) — the Court (Sixth Chamber), composed of: R. Schintg-               EC Treaty — the Court (Third Chamber), composed of:
en, President of the Second Chamber, acting as President of                J.C. Moitinho de Almeida (Rapporteur), President of the
the Sixth Chamber, P.J.G. Kapteyn, G. Hirsch, H. Ragnemalm                 Chamber, C. Gulmann and J.-P. Puissochet, Judges; N. Fennelly,
(Rapporteur) and V. Skouris, Judges; J. Mischo, Advocate                   Advocate General; R. Grass, Registrar, has given a judgment
General; D. Louterman-Hubeau, Principal Administrator, for                 on 16 December 1999, in which it:
the Registrar, has given a judgment on 16 December 1999, in
which it has ruled:                                                        1. Declares that, by failing to adopt, within the prescribed period,
                                                                               the laws, regulations and administrative provisions necessary to
1. Article 3(1) of Council Directive 79/7/EEC of 19 December                   comply with Commission Directive 95/30/EC of 30 June 1995
    1978 on the progressive implementation of the principle of equal           adapting to technical progress Council Directive 90/679/EEC
    treatment for men and women in matters of social security must             on the protection of workers from risks related to exposure to
    be interpreted as meaning that a winter fuel payment, such as              biological agents at work (seventh individual Directive within the
    that made under Regulations 2(5), 2(6) and 3(1) of the Social              meaning of Article 16(1) of Directive 89/391/EEC), the Grand
    Fund Winter Fuel Payment Regulations 1998, is covered by that              Duchy of Luxembourg has failed to fulfil its obligations under
    directive.                                                                 Article 2(1) of that Directive;