CELEX: C1995/159/04
Language: en
Date: 1995-06-24 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 4 May 1995 in Case C-218/94: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil obligations - Directive 91/263/EEC - Failure to transpose)

No C 159/2              EN                   Official Journal of the European Communities                                     24 . 6 . 95
Advocate-General; H. A. Riihl, Principal Administrator, for                   in the Official Journal of the European Communities,
the Registrar, has given a j udgment on 4 May 1 995, in which                 the Hellenic Republic has failed to fulfil its obligations
it rules :                                                                    under Council Directive 77/62/EEC of 21 December
                                                                              1976 coordinating procedures for the award of public
                                                                              supply contracts, as last amended by Directive
The definition of 'child' for the purposes of Article 12 of                   88/29 S/EEC of 22 March 1988;
Council Regulation (EEC) No 1612/68 of 15 October 1968
on freedom of movement for workers within the
Community is not subject to the same conditions of age or               2 , orders the Hellenic Republic to pay the costs.
dependency as are the rights governed by Article 10 (1 ) and
Article 11 of that Regulation.
                                                                        (!) OJ No C 132 , 14 . 5 . 1994 .
                                                                        ( 2 ) OJ No L 13 , 15 . 1 . 1977, p. 1 .
( 1 ) OJ No C 59 , 26 . 2 . 1994 .                                      ( 3 ) OJ No L 127, 20 . 5 . 1988 , p . 1 .
( 2 ) OJ No L 257, 19 . 10 . 1968 , p . 2 .
                                                                                        JUDGMENT OF THE COURT
                JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                           (Fifth Chamber )
                                                                                                     of 4 May 1995
                            of 4 May 1995
                                                                        in Case C-218/94 : Commission of the European
in     Case    C-79/94 : Commission of the              European                    Communities v. Kingdom of Belgium ( x )
             Communities v. Hellenic Republic (*)
                                                                        (Failure ofa Member State to fulfil obligations — Directive
(Failure ofa Member State to fulfil obligations — Directive                           91/263/EEC — Failure to transpose)
 77/62/EEC — Framework agreement for the exclusive
                                                                                                      ( 95/C 159/04 )
supply ofdressing material for use in Greek hospitals and by
                           the Greek army)
                             ( 95/C 159/03 )                                             (Language of the case: French)
                 (Language of the case: Greek)                          (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                     In Case C-218/94 : Commission of the European
                                                                        Communities (Agents : Anders Jessen and Jean-Francis
                                                                        Pasquier ) v. Kingdom of Belgium (Agent: J. Devadder) —
In Case C-79/94 : Commission of the European
                                                                        application for a declaration that, by failing to adopt the
Communities (Agent: X. A. Yataganas ) v. Hellenic Republic
                                                                        laws, regulations and administrative measures necessary to
(Agents : V. Kontolaimos and E. -M. Mamouna ) —
                                                                        comply with Council Directive 91 /263/EEC of 29 April
application for a declaration that, by concluding a
                                                                        1991 on the approximation of the laws of the Member
framework agreement for the exclusive supply by six Greek
textile undertakings of dressing material for use in Greek              States concerning telecommunications terminal equipment,
hospitals and by the Greek army and by failing to publish
                                                                        including the mutual recognition of their conformity ( 2 ), the
the relevant notice in the Official Journal of the European
                                                                        Kingdom of Belgium has failed to fulfil its obligations under
Communities, the Hellenic Republic has failed to fulfil its
                                                                        the third paragraph of Article 189 of the EC Treaty and
                                                                        under Article 17 of the above Directive, and, in the
obligations under Council Directive 77/62/EEC of
                                                                        alternative , a declaration that, by failing to inform the
21 December 1976 coordinating procedures for the award
                                                                        Commission without -delay of the measures adopted to that
of public supply contracts ( 2 ), as last amended by Directive
88/295/EEC of 22 March 1988 ( 3 ) — the Court ( Fifth                   end, the Kingdom of Belgium has in any event failed to fulfil
                                                                        its obligations under those provisions — the Court ( Sixth
Chamber), composed of C. Gulmann, President of the
Chamber, J. C. Moitinho de Almeida ( Rapporteur ), D. A. O.             Chamber), composed of F. A. Schockweiler, President of the
                                                                        Chamber, G. F. Mancini ( Rapporteur), J. L. Murray, G.
Edward, J.-P. Puissochet and L. Sevôn, Judges; C. O. Lenz,
Advocate-General; L. Hewlett, Administrator, for the
                                                                        Hirsch and H. Ragnemalm, Judges; C. O. Lenz,
                                                                        Advocate-General; R. Grass, Registrar, has given a
Registrar, has given a judgment on 4 May 1995 , in which
it :
                                                                        judgment on 4 May 1 995 , in which it:
1 . declares that, by concluding a framework agreement for              1 , declares that, by failing to adopt within the period
      the exclusive supply by six Greek textile undertakings of               specified the laws, regulations and administrative
      dressing material for use in Greek hospitals and by the                 measures necessary to comply with Council Directive
      Greek army and by failing to publish the relevant notice                91 /263/EEC of 29 April 1991 on the approximation of
 ---pagebreak--- 24 . 6 . 95              EN                 Official Journal of the European Communities                                 No C 159/3
      the laws of the Member States concerning                              Republic of Germany has failed to fulfil its obligations
      telecommunications terminal equipment, including the                  under Directives 75/442/EEC and 78/319/EEC;
      mutual recognition of their conformity, the Kingdom of
      Belgium has failed to fulfil its obligations under               2 , for the rest, dismisses the application;
      Article 1 89 of the EC Treaty and Article 1 7 of Directive
      9 1 /263 /EEC;
                                                                       3 , orders the parties to bear their own costs.
2 , orders the Kingdom of Belgium to pay the costs.
                                                                       (M   OJ No  C 35 , 9 . 2 . 1993 .
                                                                       (2)  OJ No  L 194 , 25 . 7 . 1975 , p . 39 .
( ! ) OJ No C 275 , 1 . 10 . 1994 .                                    (3 ) OJ No  L 84, 31 . 3 . 1978 , p . 43 .
( 2 ) OJ No L 128 , 23 . 5 . 1991 , p . 1 .                            (4)  OJ No  L 326, 13 . 12 . 1984 , p . 31
                                                                       (5)  OJ No  L 181 , 4 . 7 . 1986 , p . 13 .
                 JUDGMENT OF THE COURT
                          of 10 May 1995                                             JUDGMENT OF THE COURT
in Case C-422/92 : Commission of the European                                                     of 10 May 1995
       Communities v. Federal Republic of Germany (*)                  in Case C-384/93 (reference for a preliminary ruling from
(Failure by a Member State to fulfil its obligations —                 the College van Beroep voor het Bedrijfsleven ): Alpine
 Transposition of the Directives on waste, toxic and                           Investments BV v. Minister van Financiën (M
dangerous waste and the transfrontier shipment of                      (Freedom to provide services — Article 59 of the EEC
                          hazardous waste)                             Treaty — Prohibition of cold calling by telephone for
                            ( 95/C 159/05 )                                                       financial services)
                                                                                                    ( 95/C 159/06 )
                  (Language of the case: German)
                                                                                       (Language of the case: Dutch)
(Provisional translation; the definitive translation will be
            published in the European Court Reports)                   (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
In Case C-422/92 : Commission of the European
Communities (Agents : Rolf Wàgenbaur, assisted by                      In Case C-384/93 : reference to the Court under Article 177
Alexander Bohlke, of the Brussels Bar ) v. Federal Republic
                                                                       of the EEC Treaty from the College van Beroep voor het
of Germany (Agents : Ernst Roder and Ludger-Anselm
                                                                       Bedrijfsleven ( Administrative Court for Trade and Industry)
Versteyl, Rechtsanwalt, Burgwedel ) — application for a
                                                                       for a preliminary ruling in the proceedings pending before
declaration that, by failing to bring into force all the
                                                                       that court between Alpine Investments BV and Minister van
measures needed to transpose Council Directive
                                                                       Financiën — on the interpretation of Article 59 of the EEC
75/442/EEC of 15 July 1975 on waste ( 2), Council Directive
                                                                       Treaty — the Court, composed of G. C. Rodriguez Iglesias,
78/319/EEC of 20 March 1978 on toxic and dangerous
waste ( 3 ), Council Directive 84/63 1 /EEC of 6 December              President, F. A. Schockweiler, P. J. G. Kapteyn and C.
                                                                       Gulmann, Presidents of Chambers, G. F. Mancini, J. C.
1984 on the supervision and control within the European
                                                                       Moitinho de Almeida, J. L. Murray, D. A. O. Edward
Community of the transfrontier shipment of hazardous
waste ( 4 ) and Council Directive 86/279/EEC of 12 June                ( Rapporteur ) and J. -P. Puissochet, Judges; F. G. Jacobs,
                                                                       Advocate-General; L. Hewlett, Administrator, for the
1986 amending Directive 84/631/EEC ( 5 ), the Federal
Republic of Germany has failed to fulfil its obligations               Registrar, gave a judgment on 10 May 1995 , the operative
                                                                       part of which is as follows :
under the EEC Treaty — the Court, composed of G. C.
Rodriguez Iglesias , President, F. A. Schockweiler and C.
Gulmann ( Presidents of Chambers ), G. F. Mancini, J. C.               1 . On a proper construction, Article 59 of the EEC Treaty
Moitinho de Almeida, J. L. Murray, D. A. O. Edward , J. -P.                 covers services which the provider offers by telephone to
Puissochet ( Rapporteur ) and G. Hirsch, Judges ; F. G.                     potential recipients established in other Member States
Jacobs , Advocate-General; D. Louterman-Hubeau,                             and provides without moving from the Member State in
Principal Administrator, for the Registrar, has given a                     which he is established.
judgment on 10 May 1995 , in which it:
                                                                       2 . Rules of a Member State which prohibit providers of
1 , declares that, by excluding certain categories of                       services established in its territory from making
      recyclable waste from the scope of its legislation on the             unsolicited telephone calls to potential clients
      disposal of waste and by failing to draw up, keep up to               established in other Member States in order to offer their
      date, publish or notify to the Commission within the                  services constitute a restriction on freedom to provide
      prescribed period the plans for the disposal of toxic and             services within the meaning of Article 59 of the
      dangerous waste for certain regions, the Federal                      Treaty.