CELEX: C1999/188/08
Language: en
Date: 1999-07-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 March 1999 in Case C-166/97: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations - Conservation of wild birds - Special protection areas)

C 188/4                  EN                       Official Journal of the European Communities                                           3.7.1999
                  JUDGMENT OF THE COURT                                      Commission Decision 96/701/EC of 20 November 1996
                                                                             amending Decision 96/311/EC on the clearance of the
                          of 16 March 1999                                   accounts presented by the Member States in respect of the
                                                                             expenditure for 1992 of the Guarantee Section of the European
in Case C-222/97 (reference for a preliminary ruling from                    Agricultural Guidance and Guarantee Fund (EAGGF) and in
the Oberster Gerichtshof): in the proceedings brought                        respect of certain expenditure for 1993 (OJ 1996 L 323, p. 26)
before that court by Manfred Trummer and Peter May-                          — the Court (Fifth Chamber), composed of P. Jann, President
                                  er (1)                                     of the First Chamber, acting President of the Fifth Chamber,
                                                                             C. Gulmann, D.A.0. Edward, L. Sevón and M. Wathelet
(Free movement of capital — National prohibition on the                      (Rapporteur), Judges; S. Alber, Advocate General; L. Hewlett,
creation of a mortgage in a foreign currency — Interpretation                Administrator, for the Registrar, has given a judgment in
                 of Article 73b of the EC Treaty)                            which it:
                           (1999/C 188/06)                                   1. Dismisses the application;
                    (Language of the case: German)                           2. Orders the Italian Republic to pay the costs.
(Provisional translation; the definitive translation will be published       (1) OJ No C 142 of 10.5.1997.
                    in the European Court Reports)
In Case C-222/97: reference to the Court under Article 177 of
the EC Treaty by the Oberster Gerichtshof (Austria) for a
preliminary ruling in the proceedings brought before that court
by Manfred Trummer, Peter Mayer — on the interpretation of
Article 73b of the EC Treaty — the Court, composed of
G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn,
J.-P. Puissochet, G. Hirsch and P. Jann, Presidents of Chambers,                              JUDGMENT OF THE COURT
G.F. Mancini, J.C. Moitinho de Almeida, C. Gulmann, J.L. Mur-
ray, D.A.O. Edward, H. Ragnemalm, L. Sevón, M. Wathelet
(Rapporteur), R. Schintgen and K.M. Ioannou, Judges;                                                   (Fifth Chamber)
A. La Pergola, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 16 March                                          of 18 March 1999
1999, in which has ruled:
Article 73b of the EC Treaty precludes the application of national           in Case C-166/97: Commission of the European Communi-
rules such as those at issue in the main proceedings, requiring a                                ties v French Republic (1)
mortgage securing a debt payable in the currency of another Member
State to be registered in the national currency.                             (Failure by a Member State to fulfil its obligations —
                                                                                 Conservation of wild birds — Special protection areas)
(1) OJ No C 228 of 26.7.1997.
                                                                                                       (1999/C 188/08)
                                                                                                 (Language of the case: French)
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                   (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                          of 18 March 1999
in Case C-59/97: Italian republic v Commission of the                        In Case C-166/97: Commission of the European Communities
                     European Communities (1)                                (Agents: initially Richard B. Wainwright and Jean-Francis
                                                                             Pasquier, and subsequently Richard B. Wainwright and Olivier
 (EAGGF — Clearance of accounts — 1992 financial year)                       Couvert-Castéra) v French Republic (Agents: Kareen Rispal-
                                                                             Bellanger and Romain Nadal) — application for a declaration
                           (1999/C 188/07)                                   that, by taking neither the special conservation measures for
                                                                             the habitats of birds in the Seine estuary nor the appropriate
                                                                             steps to avoid deterioration of those habitats, the French
                     (Language of the case: Italian)                         Republic has failed to fulfil its obligations under Article 4 of
                                                                             Council Directive 79/409/EEC of 2 April 1979 on the
(Provisional translation; the definitive translation wil be published in     conservation of wild birds (OJ 1979 L 103, p. 1) — the Court
                      the European Court Reports)                            (Fifth Chamber), composed of J.-P. Puissochet, President of the
                                                                             Chamber, P. Jann, C. Gulmann (Rapporteur), L. Sevón and
In Case C-59/97: Italian Republic (Agent: U. Leanza, assisted                M. Wathelet, Judges; N. Fennelly, Advocate General, D. Louter-
by G. De Bellis) v Commission of the European Communities                    man-Hubeau, Principal Administrator, for the Registrar, has
(Agent: E. de March) — application for partial annulment of                  given a judgment on 18 March 1999 in which it:
 ---pagebreak--- 3.7.1999                 EN                       Official Journal of the European Communities                                            C 188/5
1. Declares that, by failing to classify as a special protection area a      2. Annuls the decision of 21 February 1995 appointing Mr X as
    sufficiently large area of the Seine estuary and by failing to adopt         head of division in the Directorate-General for Information and
    measures to provide the classified special protection area with an           Public Relations of the European Parliament and assigning him
    adequate legal regime, the French Republic has failed to fulfil its          to the Parliament Information Office for Spain in Madrid;
    obligations under Article 4(1) and (2) of Council Directive
    79/409/EEC of 2 April 1979 on the conservation of wild birds;            3. Orders the European Parliament to pay in their entirety the costs
                                                                                 of the proceedings before the Court of First Instance and the
2. Dismisses the remainder of the application;                                   Court of Justice.
3. Orders the parties to bear their own costs.
                                                                             (1) OJ No C 318 of 18.10.1997.
(1) OJ No C 212 of 12.7.1997.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                  JUDGMENT OF THE COURT
                                                                                                     of 18 March 1999
                          (Sixth Chamber)
                                                                             in Case C-2/98 P: Henri de Compte v European Parlia-
                          of 18 March 1999                                                                 ment (1)
in Case C-304/97 P: Fernando Carbajo Ferrero v European                      (Officials — Application for revision of a judgment of the
                             Parliament (1)                                     Court of First Instance — Appeal to the Court of Justice)
(Officials — Internal competition — Appointment to a post                                              (1999/C 188/10)
                         of head of division)
                           (1999/C 188/09)                                                       (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
                     (Language of the case: French)
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published       In Case C-2/98 P: Henri de Compte, formerly an official of the
                    in the European Court Reports)                           European Parliament, represented by Henri Ferretti, of the
                                                                             Thionville Bar, 39 Boulevard Jeanne d’Arc, F - 57100 Thionville
                                                                             — appeal against the judgment of the Court of First Instance
In Case C-304/97 P: Fernando Carbajo Ferrero, an official of                 of the European Communities (First Chamber) of 5 November
the European Parliament, residing in Madrid, represented by                  1997 in Case T-26/89 (125) De Compte v Parliament [1997]
Georges Vandersanden and Laure Levi, of the Brussels Bar,                    ECR-SC I-A-305 and II-847, seeking to have that judgment set
with an address for service in Luxembourg at the offices of                  aside, the other party to the proceedings being: European
Fiduciaire Myson SARL, 30 Rue de Cessange — appeal against                   Parliament (Agents: Evelyn Waldherr and Anders Neergaard)
the judgment of the Court of First Instance of the European                  — the Court (Sixth Chamber), composed of P.J.G. Kapteyn,
Communities (First Chamber) of 12 June 1997 in Case                          President of the Chamber, G. Hirsch, G.F. Mancini, H. Ragnem-
T-237/95 Carbajo Ferrero v Parliament [1997] ECR-SC                          alm (Rapporteur) and K.M. Ioannou, Judges; S. Alber, Advocate
I-A-141 and II-429, seeking to have that judgment set aside,                 General; R. Grass, Registrar, has given a judgment on 18 March
the other party to the proceedings being: European Parliament                1999, in which it:
(Agent: Norbert Lorenz, assisted by Francis Herbert and Daniel
M. Tomasevic) — the Court (Sixth Chamber), composed of                       1. Dismisses the appeal;
P.J.G Kapteyn, President of the Chamber, G. Hirsch, G.F. Man-
cini, H. Ragnemalm (Rapporteur) and K.M. Ioannou, Judges;                    2. Orders Mr de Compte to pay the costs.
N. Fennelly, Advocate General; R. Grass, Registrar, has given a
judgment on 18 March 1999 in which it:
                                                                             (1) OJ No C 113 of 11.4.1998.
1. Sets aside the judgment of the Court of First Instance of the
    European Communities of 12 June 1997 in Case T-237/95
    Carbajo Ferrero v Parliament;