CELEX: C1998/137/07
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 March 1998 in Case C-187/96: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Freedom of movement for workers - Article 48 of the EC Treaty - Article 7 of Regulation (EEC) No 1612/68 - Person working in the public service of a Member State - Mutual recognition of periods of employment in the public service of another Member State)

C 137/4               EN                  Official Journal of the European Communities                                       2.5.98
strator, for the Registrar, has given a judgment on                  composed of: C. Gulmann, President of the Chamber, M.
10 March 1998, in which it has ruled:                                Wathelet, D. A. O. Edward (Rapporteur), P. Jann and L.
                                                                     Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
1. the first paragraph of Article 234 of the EC Treaty               General; H. von Holstein, Deputy Registrar, for the
     must be interpreted as not applying to cases involving          Registrar, has given a judgment on 12 March 1998, in
     imports of bananas from a third country which is not            which it:
     a party to an international agreement concluded by
     Member States before the entry into force of the                1. declares that by excluding, by regulation or
     Treaty.                                                              administrative practice, the taking into account of
                                                                          previous employment in the public service of another
2. Commission Regulation (EC) No 478/95 of 1 March                        Member State for the purposes of granting to an
     1995 on additional rules for the application of Council              employee in Greek public service a seniority increment
     Regulation (EEC) No 404/93 as regards the tariff                     and of grading him on the salary scale, on the sole
     quota arrangements for imports of bananas into the                   ground that the previous employment was not
     Community and amending Regulation (EEC) No 1442/                     performed in Greek public service, the Hellenic
     93 is invalid to the extent to which Article 3(2) thereof            Republic is in breach of its obligations under
     imposes only on category A and C operators the                       Community law, in particular within the meaning of
     obligation to obtain export licences for bananas from                Article 48 of the EC Treaty and Article 7(1) of
     Colombia, Costa Rica or Nicaragua.                                   Council Regulation (EEC) No 1612/68 of 15 October
                                                                          1968 on freedom of movement for workers within the
                                                                          Community;
(1) OJ C 16, 20.1.1996.
(2) OJ L 49, 4.3.1995, p. 13.
                                                                     2. orders the Hellenic Republic to pay the costs.
                                                                     (1) OJ C 210, 20.7.1996.
                                                                     (2) OJ, English Special Edition 1968 (II), p. 475.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)
                       of 12 March 1998
      in Case C-187/96: Commission of the European                                  JUDGMENT OF THE COURT
             Communities v. Hellenic Republic (1)                                            (Fourth Chamber)
(Failure of a Member State to fulfil its obligations Ð                                      of 12 March 1998
Freedom of movement for workers Ð Article 48 of the EC
                                                                     in Case C-270/96 (reference for a preliminary ruling from
Treaty Ð Article 7 of Regulation (EEC) No 1612/68 Ð
                                                                     the Tribunal Administratif, Paris): Laboratoires Sarget SA
Person working in the public service of a Member State Ð
                                                                     v. Fonds d'intervention et de reÂgularisation du marcheÂ du
Mutual recognition of periods of employment in the
                                                                                               sucre (FIRS) (1)
           public service of another Member State)
                                                                     (Refund for use of sugar in the manufacture of certain
                         (98/C 137/07)
                                                                     chemical products Ð Anti-asthenia products Ð Tariff
                                                                                                classification)
                (Language of the case: Greek)
                                                                                                (98/C 137/08)
  (Provisional translation; the definitive translation will be                       (Language of the case: French)
          published in the European Court Reports)
In Case C-187/96: Commission of the European                           (Provisional translation; the definitive translation will be
Communities (Agent: Maria Patakia) v. Hellenic Republic                        published in the European Court Reports)
(Agents: Ioanna Galani-Maragkoudaki and Stamatina
Vodina) Ð application for a declaration that by excluding,           In Case C-270/96: reference to the Court pursuant to
by regulation or administrative practice, the taking into            Article 177 of the EC Treaty from the Tribunal
account of previous employment in the public service of              Administratif (Administrative Court), Paris, for a
another Member State for the purposes of granting to an              preliminary ruling in the proceedings pending before that
employee in Greek public service a seniority increment               court between Laboratoires Sarget SA and Fonds
and of grading him on the salary scale, on the sole ground           d'intervention et de reÂgularisation du marcheÂ du sucre
that that previous employment was not performed in                   (FIRS) Ð on the interpretation of Council Regulation
Greek public service, the Hellenic Republic is in breach of          (EEC) No 1010/86 of 25 March 1986 laying down
its obligations under Community law, in particular within            general rules for the production refund on certain sugar
the meaning of Articles 5 and 48 of the EC Treaty and                products used in the chemical industry (2), as amended by
Article 7(1) of Council Regulation (EEC) No 1612/68 of               Article 9 of Commission Regulation (EEC) No 1714/88
15 October 1968 on freedom of movement for workers                   of 13 June 1988 amending certain regulations concerning
within the Community (2) Ð the Court (Fifth Chamber),                the application of the common market organisation for