CELEX: C2001/134/04
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 December 2000 in Case C-457/98: Commission of the European Communities v Hellenic Republic (Failure to fulfil obligations — Directive 96/97/EC — Implementation of the principle of equal treatment for men and women in occupational social security schemes — Failure to transpose)

5.5.2001                   EN                      Official Journal of the European Communities                                        C 134/3
                  JUDGMENT OF THE COURT                                       Reference for a preliminary ruling by the Tribunale
                                                                              Amministrativo Regionale per il Lazio by order of that
                                                                              court of 6 July 2000 in the case of Aziende Agricole Corte
                             (Fifth Chamber)                                  delle Piacentine and Others v Azienda di Stato per gli
                                                                                        Interventi nel Mercato Agricolo (AIMA)
                         of 14 December 2000
                                                                                                      (Case C-489/00)
in Case C-457/98: Commission of the European Communi-
                     ties v Hellenic Republic (1)                                                     (2001/C 134/05)
                                                                              Reference has been made to the Court of Justice of the
(Failure to fulfil obligations — Directive 96/97/EC —
                                                                              European Communities by order of 6 July 2000 of the
Implementation of the principle of equal treatment for men
                                                                              Tribunale Amministrativo Regionale per il Lazio, received at
and women in occupational social security schemes — Failure
                                                                              the Court Registry on 29 December 2000, for a preliminary
                               to transpose)
                                                                              ruling in the case of Aziende Agricole Corte delle Piacentine
                                                                              and Others v Azienda di Stato per gli Interventi nel Mercato
                             (2001/C 134/04)                                  Agricolo (AIMA) on the following questions:
                                                                              (1) May the provisions contained in Articles 1 and 4 of
                                                                                   Council Regulation (EEC) No 3950/92 (1) of 28 December
                       (Language of the case: Greek)                               1992 and Articles 3 and 4 of Commission Regulation
                                                                                   (EEC) No 534/93 (2) of 9 March 1993 be interpreted as
                                                                                   meaning that it is possible, in cases of administrative or
                                                                                   judicial challenge to the relevant measures, to derogate
(Provisional translation; the definitive translation will be published             from the time-limits prescribed for the allocation of
                     in the European Court Reports)                                quotas and the operation of adjustments and levies?
In Case C-457/98: Commission of the European Communities                      If not,
(Agents: D. Gouloussis and A. Aresu) v Hellenic Republic
(Agents: S. Vodina and N. Dafniou) — application for a
                                                                              (2) Are the provisions contained in Articles 1 and 4 of
declaration that, by failing to bring into force, alternatively
                                                                                   Council Regulation (EEC) No 3950/92 of 28 December
by failing to communicate to the Commission, within the
                                                                                   1992 and Articles 3 and 4 of Commission Regulation
prescribed period, the laws, regulations and administrative
                                                                                   (EEC) No 534/93 of 9 March 1993 valid, in the light of
provisions necessary to comply fully with Council Directive
                                                                                   Article 33 (ex 39) of the Treaty, in so far as they do not
96/97/EC of 20 December 1996 amending Directive
                                                                                   provide that derogations may be made from the periods
86/378/EEC on the implementation of the principle of equal
                                                                                   prescribed by those provisions for the allocation of
treatment for men and women in occupational social security
                                                                                   individual reference quantities, for adjustments and levies
schemes (OJ 1997 L 46, p. 20), the Hellenic Republic has
                                                                                   in cases of administrative or judicial challenge to those
failed to fulfil its obligations under the EC Treaty — the Court
                                                                                   provisions?
(Fifth Chamber), composed of: A. La Pergola, President of the
Chamber, D.A.O. Edward (Rapporteur) and L. Sevón, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Admin-                  (3) May Regulations No 3950/92 and 536/93 be interpreted
istrator, for the Registrar, has given a judgment on 14 Decem-                     as meaning that the application of the system introduced
ber 2000, in which it:                                                             by that legislation excludes the allocation and official
                                                                                   notification of individual reference quantities for pro-
                                                                                   ducers or does it exclude the official redistribution among
1.    Declares that, by failing to adopt, within the prescribed period,            its producers by the Member State of the global quantity
      the laws, regulations and administrative provisions necessary to             which that State is guaranteed?
      comply with Council Directive 96/97/EC of 20 December
      1996 amending Directive 86/378/EEC on the implementation
      of the principle of equal treatment for men and women in                (4) May Articles 3 and 4 of Regulation (EC) No 3950/92 be
      occupational social security schemes, the Hellenic Republic has              interpreted as meaning that no official notification of
      failed to fulfil its obligations under that directive;                       individual reference quantities need be given to producers,
                                                                                   or does the allocation of an individual reference quantity
                                                                                   exclude individual notification to those producers?
2.    Orders the Hellenic Republic to pay the costs.
                                                                              (1) OJ L 405 of 31.12.1992, p. 1.
(1) OJ C 71 of 13.3.1999.                                                     (2) OJ L 57 of 10.3.1993, p. 12.