CELEX: C1995/299/21
Language: en
Date: 1995-11-11 00:00:00
Title: Action brought on 26 September 1995 by the Commission of the European Communities against the United Kingdom (Case C-306/95)

11 . 11 . 95         fENl                   Official Journal of the European Communities                                   No C 299/ 13
Travail ( Higher Labour Court ), Mons, of 21 September                 provisions necessary to comply with the directives referred
1995 , which was received at the Court Registry on                     to in the conclusions of the Commission .
26 September 1995 , for a preliminary ruling in the case of
Universite Catholique de Louvain ( Catholic University of              (') Council Directive 92/40/EEC of 19 May 1992 introducing
Louvain ) v. Francine Plapied and Danielle Gallez on the                     Community measures for the control of avian influenza ( OJ No
following questions :                                                        L 167, 22 . 6 . 1992 , p. 1 ).
                                                                       ( 2 ) Council Directive 91 /495/EEC of 27 November              1990
'Do supplementary family allowances which are calculated                     concerning public health and animal health problems affecting
                                                                             the production and placing on the market of rabbit meat and
on a flat-rate basis according to the number of children                     farmed game meat ( OJ No L 268 , 24 . 9 . 1991 , p. 41 ).
concerned and which an individual employer pays to his
employees , either under the terms of a collective labour
agreement or on a voluntary, unilateral basis, constitute pay
within the meaning of Article 119 of the EC Treaty ?
In the event that the first question is answered in the                Action brought on 27 September 1995 by the Kingdom of
affirmative, if an employer infringes the rule of equal                the Netherlands against the Commission of the European
treatment for men and women contained in that provision ,                                             Communities
are the employees affected entitled under Community law                                            ( Case C-308/95 )
to claim payment of arrears of supplementary family
allowances as from 8 April 1976 , in order to ensure that the                                        ( 95/C 299/22 )
period in respect of which they may bring an action is the
same as that for a comparable right of action under Belgian            An action against the Commission of the European
law ?'                                                                 Communities was brought before the Court of Justice of the
                                                                       European Communities on 27 September 1995 by the
                                                                       Kingdom of the Netherlands, represented by J. S. van der
                                                                       Oosterkamp and M. A. Fierstra, acting as Agents, with an
                                                                       address for service in Luxembourg at the Netherlands
                                                                       Embassy, 5 Rue C. M. Spoo .
Action brought on 26 September 1995 by the Commission
of the European Communities against the United                         The Kingdom of the Netherlands claims that the Court
                             Kingdom                                   should :
                        ( Case C-306/95 )
                          ( 95/C 299/21 )
                                                                       — annul the decision of the Commission of 28 July 1995
                                                                             concerning the settlement of accounts in respect of
                                                                             projects co-financed prior to 1989 by the European
An action against the United Kingdom was brought before                       Regional Development Fund,
the Court of Justice of the European Communities on
26 September 1995 by the Commission of the European                    — order the defendant to pay the costs.
Communities, represented by Mr Peter Oliver, member of
the Legal Service , acting as agent, with an address for service       Pleas in law and main arguments adduced in support:
in Luxembourg at the office of Mr Carlos Gomez de la Cruz,
Centre Wagner, Kirchberg.                                              — Infringement of the Treaty or of certain rules for its
                                                                              implementation and/or infringement of essential
The Applicant claims that the Court should :                                  procedural requirements, concerning in particular the
                                                                              provision of a statement of reasons for the decision
1 . declare that by failing to bring into force the measures                  ( Article 190 of the EC Treaty ), and/or breach of general
     necessary to comply with Council Directives                              principles of Community law: the letter of 28 July 1995
     92/40/EEC (') and 91 /495/EEC ( 2 ) in Northern Ireland,                 from the Commissioner responsible for regional policy
     or in the alternative by failing to inform the Commission                constitutes the final act in the decision-making process,
     forthwith thereof, the United Kingdom has failed to                      by which the Commission reached a definitive decision
     fulfil its obligations under those Directives and in                     concerning the settlement of accounts in respect of
     particular Article 22 thereof and under the Treaty                       the Netherlands infrastructure projects decided on
     establishing the European Community;                                     by the Commission before 1 January 1989 under the
                                                                              European Regional Development Fund ( ERDF ). The
2 . order the United Kingdom to pay the costs .                               Commission 's view that the timelimit of 31 March 1995
                                                                              constitutes a final deadline is based on an incorrect, or at
Pleas in law and main arguments adduced in support:                           least incomprehensible, interpretation of Article 12 of
                                                                              Council Regulation ( EEC ) No 2083/93 of 20 July 1993
Article 189 of the EC Treaty, under which a directive shall                   amending Regulation ( EEC ) No 4254/88 laying down
be binding, as to the result to be achieved, upon each                        provisions for implementing Regulation ( EEC ) No
Member State, carries by implication an obligation on the                     2052/88 as regards the European Regional Development
Member States to observe the period for compliance laid                       Fund ( hereinafter 'the 1993 ERDF Regulation'). The
down in the directive . That period expired on 1 January                      way in which the Commission has applied Article 12 of
 1993 without the United Kingdom having enacted the                           the 1993 ERDF Regulation in the contested decision,