CELEX: C1997/212/40
Language: en
Date: 1997-07-12 00:00:00
Title: Reference for a preliminary ruling by the Royal Court of Jersey by order of that court dated 28 April 1997, in the case of Emidio Marco Rios against His Excellency the Lieutenant Governor of Jersey (Case C-199/97)

No C 212/22             EN                     Official Journal of the European Communities                                      12 . 7 . 97
     Even the instances expressly admitted by the Federal                 Adviser, and Dimitris Triantafillou, of its Legal Service,
     Republic of one-off infringements of the maximum                     with an address for service in Luxembourg at the office of
     limits would, in the event of the proposal for                       Carlos Gomez de la Cruz, of its Legal Service, Wagner
     amendment being accepted by the Council, still not                   Centre, Kirchberg.
     lose their significance so long as the Federal Republic
     continues on average to carry out only eight to 10                   The applicant claims that the Court should :
     sampling operations per bathing season.
— Infringement of Article 6 (1 ) of the Directive :                       1 . declare that, by not giving notification of the laws,
                                                                               regulations and administrative provisions necessary to
                                                                               comply with Council Directive 93/76/EEC of
     The report to the Commission for 1995 shows that                          13 September 1993 to limit carbon dioxide emissions
     6,5 % of bathing areas on German coasts and 42,5 %                        by improving energy efficiency ( Save ) ('), or by not
     of German internal bathing areas were not sufficiently                    having adopted the measures necessary to comply with
     monitored in 1995 .
                                                                               it, the Hellenic Republic has failed to fulfil its
                                                                               obligations under that Directive;
                                                                          2 . order the Hellenic Republic to pay the costs.
Reference for a preliminary ruling by the Royal Court of                  Pleas in law and main arguments adduced in support:
Jersey by order of that court dated 28 April 1997, in the
case of Emidio Marco Rios against His Excellency the                      Under Article 10 of Directive 93/76/EEC, the Member
                  Lieutenant Governor of Jersey                           States were to adopt the measures necessary to comply
                          ( Case C-l 99/97 )                              with its provisions by 31 December 1994 and to inform
                                                                          the Commission thereof.
                             ( 97/C 212/40 )
                                                                          The Commission notes that the Hellenic Republic has not
Reference has been made to the Court of Justice of the                    yet brought its legislation into line with the Directive ,
European Communities by an order of the Royal Court of                    thereby failing to fulfil its obligations under Article 189 of
Jersey dated 28 April 1997, which was received at the                     the EC Treaty and Article 10 of the Directive .
Court Registry on 23 May 1997, for a preliminary ruling
in the case of Emidio Marco Rios and His Excellency the
                                                                          (') OJ No L 237, 22 . 9 . 1993 , p . 28 .
Lieutenant Governor of Jersey on the following questions:
1 . On the premise that British citizens are not liable to
     immigration control in, or to be deported from, Jersey,
     does Article 4 of the third Protocol to the Act of
     Accession of the United Kingdom to the European
     Communities (') have the effect that nationals of                    Reference       for a preliminary ruling by the
     another Member State are equally not liable to be                    Arrondissementsrechtbank Amsterdam by judgment of
     deported from Jersey ?                                               that court of 22 May 1997 in the case of Fitzwilliam
                                                                          Executive Search Limited, trading under the name of
2 . If the answer to the first question is 'No', does                     Fitzwilliam Technical Services (FTS ) against Bestuur van
     Article 4 prohibit the competent authorities in Jersey               het Landelijk Instituut Sociale Verzekeringen, successor
      from deporting a national of another Member State                   in law of the Bestuur van de Nieuwe Algemene
      save where such deportation is justified on grounds of                                     Bedrij fsvereniging
     public policy, public security or public health ?                                             ( Case C-202/97 )
                                                                                                     ( 97/C 212/42 )
 (') Official Journal, English Special Edition, 27. 3 . 1972, p. 164 .
                                                                          Reference has been made to the Court of Justice
                                                                          of the European Communities by judgment of the
                                                                          Arrondissementsrechtbank ( District Court) Amsterdam of
                                                                          22 May 1997, received at the Court Registry on 27 May
Action brought on 26 May 1997 by the Commission of                         1997, for a preliminary ruling in the case of Fitzwilliam
  the European Communities against the Hellenic Republic                  Executive Search Limited, trading under the name of
                           ( Case C-201 /97                               Fitzwilliam Technical Services ( FTS ) against Bestuur van
                                                                          het Landelijk Instituut Sociale Verzekeringen, successor in
                              ( 97/C 212/41 )                             law of the Bestuur van de Nieuwe Algemene
                                                                          Bedrijfsvereniging, on the following questions:
 An action against the Hellenic Republic was brought
 before the Court of Justice of the European Communities                   1 . ( a ) May the words 'undertaking to which he is
 on 26 May 1997 by the Commission of the European                                    normally attached' in Article 14 ( 1 ) ( a ) of EEC
 Communities, represented by Hendrik Van Lier, Legal                                 Regulation No 1408/71 be supplemented by other