CELEX: C2000/034/15
Language: en
Date: 2000-02-05 00:00:00
Title: Order of the Court (First Chamber) of 14 October 1999 in Case C-437/98 P: Industria del Frio Auxiliar Conservera SA (Infrisa) v Commission of the European Communities (Appeal — Action declared manifestly unfounded — Sanitary policy — Protective Measures — Decision 95/119/EC)

C 34/8                  EN                      Official Journal of the European Communities                                             5.2.2000
1. Declares that, by not taking the measures necessary to ensure           1. A member of the family of a migrant worker of Moroccan
    that the waste discharged into the watercourse bisecting the San           nationality, where that worker has acquired the nationality of his
    Rocco valley is disposed of without risk to human health or harm           host Member State before the date on which the said member of
    to the environment and by not taking the measures necessary to             his family began to live with him there and applied for a social
    ensure that waste stored in a fly-tip be handed over to a private          security benefit under the legislation of that State, cannot rely on
    or public waste collector or a waste disposal undertaking, Italy           Article 41(1) of the Cooperation Agreement between the Euro-
    has failed to fulfil its obligations under the first paragraph of          pean Economic Community and the Kingdom of Morocco signed
    Article 4 and the first indent of Article 8 of Council Directive           in Rabat on 27 April 1976 and approved on behalf of the
    75/442/EEC of 15 July 1975 on waste, as amended by Council                 Community by Council Regulation (EEC) No 2211/78 of
    Directive 91/156/EEC of 18 March 1991.                                     26 September 1978, as a ground for invoking that worker’s
                                                                               Moroccan nationality for the purposes of obtaining the benefit of
2. Dismisses the remainder of the application.                                 the principle of equal treatment in the field of social security laid
                                                                               down in that provision.
3. Orders the Italian Republic to pay the costs.
                                                                               Such a member of the family of a Moroccan migrant worker,
                                                                               where that worker also has the nationality of the host Member
(1) OJ C 387 of 20.12.1997.
                                                                               State, could invoke his Moroccan nationality for the purposes of
                                                                               the application of Article 41(1) of the Agreement, solely on the
                                                                               basis of the law of the Member State concerned, which it is for
                                                                               the national court alone, however, to interpret and apply in the
                                                                               proceedings before it.
                                                                           2. The term ‘members of the family’, within the meaning of
                 JUDGMENT OF THE COURT                                         Article 41(1) of the Agreement, of a Moroccan migrant worker
                                                                               extends to relatives in the ascending line of that worker and of
                                                                               his spouse who live with him in the host Member State.
                          (Sixth Chamber)
                      of 11 November 1999                                  (1) OJ C 209 of 4.7.1998.
in Case C-179/98 (reference for a preliminary ruling from
the Cour du Travail de Bruxelles): Belgian State v Fatna
                              Mesbah (1)
(EEC-Morocco Cooperation Agreement — Article 41(1) —
Principle of non-discrimination in the field of social security
                    — Scope ratione personae)                                                   ORDER OF THE COURT
                           (2000/C 34/14)                                                             (First Chamber)
                    (Language of the case: French)                                                 of 14 October 1999
                                                                           in Case C-437/98 P: Industria del Frio Auxiliar Conservera
(Provisional translation; the definitive translation will be published     SA (Infrisa) v Commission of the European Communi-
                   in the European Court Reports)                                                           ties (1)
In Case C-179/98: reference to the Court under Article 177 of              (Appeal — Action declared manifestly unfounded — Sani-
the EC Treaty (now Article 234 EC) from the Cour du                         tary policy — Protective Measures — Decision 95/119/EC)
Travail de Bruxelles (Labour Court, Brussels), Belgium, for a
preliminary ruling in the proceedings pending before that
court between Belgian State and Fatna Mesbah — on the                                                  (2000/C 34/15)
interpretation of Article 41(1) of the Cooperation Agreement
between the European Economic Community and the
Kingdom of Morocco signed in Rabat on 27 April 1976 and                                       (Language of the case: Spanish)
approved on behalf of the Community by Council Regulation
(EEC) No 2211/78 of 26 September 1978 (OJ 1976 L 264,
p. 1) — the Court (Sixth Chamber), composed of: R. Schintgen
                                                                           (Provisional translation; the definitive translation will be published
(Rapporteur), President of the Second Chamber acting for the
                                                                                               in the European Court Reports)
President of the Sixth Chamber, P.J.G. Kapteyn and H. Ragne-
malm, Judges; S. Alber, Advocate General; D. Louterman-
Hubeau, Principal Administrator, for the Registrar, has given a            In Case C-437/98 P: Industria del Frio Auxiliar Conservera
judgment on 11 November 1999, in which it has ruled:                       SA (Infrisa), established in Bermeo, Spain, represented by
 ---pagebreak--- 5.2.2000                EN                      Official Journal of the European Communities                                            C 34/9
I. Sáenz-Cortabarrı́a Fernández and Morales Isasi, of the Viz-           (1) The appeal is dismissed.
caya Bar, with an address for service in Luxembourg at the
Chambers of G. Harles, 8-10 Rue Mathias — against the order                (2) N is to pay the costs.
of the Court of First Instance of the European Communities
(Second Chamber) in Case T-136/95, Infrisa v Commission,
[1998] ECR II-3301, seeking to have that order set aside, the              (1) OJ C 71 of 13.3.1999.
other party to the proceedings being: Commission of the
European Communities (Agent: J. Guerra Fernández) — the
Court (First Chamber) composed of L. Sevón (Rapporteur),
President of the Chamber, P. Jann and M. Wathelet, Judges,
Advocat General: F.G. Jacobs, Registrar: R. Grass has made an
order on 14 October 1999 in which it:
1. Dismisses the appeal;                                                   Action brought on 13 October 1999 by the Commission
                                                                           of the European Communities against the Portuguese
2. Orders Industria del Frio Auxiliar Conserera SA (Infrisa) to pay                                      Republic
     the costs.
                                                                                                     (Case C-392/99)
( 1) OJ C 20 of 23.1.1999.
                                                                                                      (2000/C 34/17)
                                                                           An action against the Portuguese Republic was brought
                                                                           before the Court of Justice of the European Communities
                                                                           on 13 October 1999 by the Commission of the European
                                                                           Communities, represented by Lena Ström and António Caeiros,
                    ORDER OF THE COURT                                     acting as Agents, with an address for service in Luxembourg at
                                                                           the office of Carlos Gómez de la Cruz, of its Legal Service,
                         (Third Chamber)                                   Wagner Centre, Kirchberg.
                       of 19 October 1999                                  The applicant claims that the Court should:
in Case C-21/99 P: N v Commission of the European                          (a) Declare that:
                          Communities (1)
                                                                               — by failing to adopt the provisions by which the
(Appeal — Former officials — Staff report — Interest in                            competent authority, before granting a permit to the
            bringing proceedings — Inadmissibility)                                undertakings which regenerate waste oils or use waste
                                                                                   oils as fuel, may satisfy itself that all appropriate health
                          (2000/C 34/16)                                           protection measures in the field of regeneration of
                                                                                   waste oils have been taken, including use of the best
                                                                                   technology available, where the cost is not excessive,
                    (Language of the case: French)                                 in the field of regeneration of waste oils and the use of
                                                                                   waste oils as fuel;
(Provisional translation; the definitive translation will be published         — by failing to ensure that the residues from the combus-
                   in the European Court Reports)                                  tion of waste oils are disposed of in accordance with
                                                                                   Article 9 of Directive 78/319/EEC (1) and, from 27 June
In Case C-21/99 P: N, a former official of the Commission of                       1995, in accordance with Article 9 of Directive
the European Communities, residing in Brussels (Belgium),                          75/442/EEC (2), which, as amended by Directive 91/
represented by G. Sakellaropoulos, of the Athens Bar, with an                      156/EEC (3) and pursuant to Directive 91/689/EEC (4),
address for service in Luxembourg at the Chambers of A. May,                       replaced Article 9 of Directive 78/319/EEC;
31 Grand-Rue — appeal against the order of the Court of First
Instance of the European Communities (Fifth Chamber) of                        — by failing to provide for regular inspections of the
30 November 1998 in Case T-97/94 N v Commission [1998]                             undertakings regenerating waste oils or which use
ECR-SC I-A-621 and II-1879, seeking to have that order set                         waste oils as fuel and for the examination of trends in
aside and applying for the grant of the form of order sought                       the state of technical development and/or of the
by the appellant in the proceedings at first instance, the other                   environment with a view to revising, where necessary,
party to the proceedings being the Commission of the                               permits granted to such undertakings;
European Communities (Agents: G. Valsesia and F. Duvieusart-
Clotuche) — the Court (Third Chamber), composed of:                            — by failing to convey to the Commission information
J.C. Moitinho de Almeida, President of Chamber, C. Gulmann                         concerning its technical expertise and the experience
(Rapporteur) and J.-P. Puissochet, Judges; F.G. Jacobs, Advocate                   gained and results obtained through the application of
General; R. Grass, Registrar, has made an order on 19 October                      measures taken pursuant to Directive 75/439/EEC (5),
1999, the operative part of which is as follows:                                   as amended by Directive 87/101/EEC(6),