CELEX: C1998/312/02
Language: en
Date: 1998-10-10 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 July 1998 in Case C-339/97: Commission of the European Communities v. Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations - Failure to transpose Directives 94/15/EC and 94/51/EC)

10.10.98              EN                  Official Journal of the European Communities                                       C 312/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
                JUDGMENT OF THE COURT                                      diploma, certificate or other evidence of formal
                       (Fifth Chamber)                                     qualifications referred to in Article 3 of that Directive
                                                                           must first be obtained.
                        of 16 July 1998
in Case C-93/97 (reference for a preliminary ruling from              2. The nature of the activities which a trainee must
the Cour d'Arbitrage of Belgium): FeÂdeÂration Belge des                   pursue in the course of his specific training in general
Chambres Syndicales de MeÂdecins ASBL v. Flemish                           medical practice in implementation of Article 31(1)(d)
Government, Government of the French Community,                            of Directive 93/16/EEC does not necessarily imply
                    Council of Ministers (1)                               that he should have obtained a diploma, certificate or
                                                                           other evidence of formal qualifications referred to in
(Directive 93/16/EEC Ð Specific training in general                        Article 3 before starting such training. It is for the
                 medical practice Ð Article 31)                            Member States to determine whether, and if so to
                         (98/C 312/01)                                     what extent, the participation of a person undergoing
                                                                           training in general medical practice in the professional
                                                                           activities and responsibilities of the persons with
                 (Language of the case: French)                            whom he works in the course of his training means
                                                                           that he should hold the diploma, certificate or other
                                                                           evidence of formal qualifications referred to in
  (Provisional translation; the definitive translation will be
                                                                           Article 3 of that Directive.
          published in the European Court Reports)
                                                                      (1) OJ C 131, 26.4.1997.
In Case C-93/97: reference to the Court under Article 177
of the EC Treaty from the Cour d'Arbitrage of Belgium
for a preliminary ruling in the proceedings pending before
that court between FeÂdeÂration Belge des Chambres Syndi-
cales de MeÂdecins ASBL and Flemish Government,
Government of the French Community, Council of                                       JUDGMENT OF THE COURT
Ministers Ð on the interpretation of Article 31 of Council                                   (Sixth Chamber)
Directive 93/16/EEC of 5 April 1993 to facilitate the free
movement of doctors and the mutual recognition of their                                       of 16 July 1998
diplomas, certificates and other evidence of formal                          in Case C-339/97: Commission of the European
qualifications (OJ L 165, 7.7.1993, p. 1) Ð the Court                        Communities v. Grand Duchy of Luxembourg (1)
(Fifth Chamber), composed of: C. Gulmann, President of
Chamber, J. C. Moitinho de Almeida, D. A. O. Edward                   (Failure of a Member State to fulfil its obligations Ð
(Rapporteur), J.-P. Puissochet and P. Jann, Judges; G.                  Failure to transpose Directives 94/15/EC and 94/51/EC)
Cosmas, Advocate-General; H. von Holstein, Deputy                                              (98/C 312/02)
Registrar, has given a judgment on 16 July 1998, in which
it has ruled:                                                                         (Language of the case: French)
1. Article 31(1)(a) of Council Directive 93/16/EEC of                   (Provisional translation; the definitive translation will be
     5 April 1993 to facilitate the free movement of                            published in the European Court Reports)
     doctors and the mutual recognition of their diplomas,
     certificates and other evidence of formal qualifications         In Case C-339/97: Commission of the European
     does not make access to specific training in general             Communities (Agent: Götz zur Hausen) v. Grand Duchy
     medical practice subject to the condition that a                 of Luxembourg (Agent: Nicolas Schmit) Ð application for
 ---pagebreak--- C 312/2                EN                 Official Journal of the European Communities                                     10.10.98
a declaration that, by failing to adopt, within the                  Smanor and Others v. Commission [1997] ECR II-1081,
prescribed      periods,     the    laws,   regulations     and      seeking to have that order set aside, the other party to the
administrative provisions necessary to comply with Ð                 proceedings being Commission of the European
Commission Directive 94/15/EC of 15 April 1994                       Communities (Agents: Richard B. Wainwright and Olivier
adapting to technical progress for the first time Council            Couvert-CasteÂra) Ð the Court (Fourth Chamber),
Directive 90/220/EEC on the deliberate release into the              composed of: H. Ragnemalm, President of the Chamber,
environment of genetically modified organisms (OJ L 103,             P. J. G. Kapteyn and K. M. Ioannou (Rapporteur), Judges;
22.4.1994, p. 20) and Ð Commission Directive 94/51/EC                A. Saggio, Advocate-General; R. Grass, Registrar, made an
of 7 November 1994 adapting to technical progress                    order on 9 July 1998, the operative part of which is as
Council Directive 90/219/EEC on the contained use of                 follows:
genetically modified micro-organisms (OJ L 297,
18.11.1994, p. 29), the Grand Duchy of Luxembourg has                1. The appeal is dismissed.
failed to fulfil its obligations under those Directives Ð the
Court (Sixth Chamber), composed of: H. Ragnemalm
(Rapporteur), President of the Chamber, R. Schintgen,                2. The appellants shall pay the costs.
P. J. G. Kapteyn, J. L. Murray and K. M. Ioannou, Judges;
A. La Pergola, Advocate-General; R. Grass, Registrar, has            (1) OJ C 357, 22.11.1997.
given a judgment on 16 July 1998, in which it:
1. declares that, by failing to adopt, within the prescribed
     period, the laws, regulations and administrative
     provisions necessary to comply with Commission
     Directive 94/51/EC of 7 November 1994 adapting to                                 ORDER OF THE COURT
     technical progress Council Directive 90/219/EEC on
     the contained use of genetically modified micro-                                       (Third Chamber)
     organisms, the Grand Duchy of Luxembourg has                                            of 14 July 1998
     failed to fulfil its obligations under Article 2 of that
     Directive;                                                      in Case C-399/97: Glasoltherm SARL v. Commission of
                                                                     the European Communities, EÂlectriciteÂ de France and
2. orders the Grand Duchy of Luxembourg to pay the                                  HLM Colomiers Habitat SA' (1)
     costs.                                                                        (Inadmissibility of the application)
                                                                                              (98/C 312/04)
(1) OJ C 331, 1.11.1997.
                                                                                     (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
                   ORDER OF THE COURT
                       (Fourth Chamber)
                                                                     In Case C-399/97: Glasoltherm SARL, in liquidation,
                          of 9 July 1998                             established at Orsay (France), represented by Pascal
in Case C-317/97 P: Smanor SA and Hubert SeÂgaud                     Penciolelli, of the EÂvry Bar, whose address is at 18 Avenue
and Monique SeÂgaud v. Commission of the European                    de la LibeÂration, 91130 Ris-Orangis (France), v.
                         Communities (1)                             Commission of the European Communities (Agents:
                                                                     Richard B. Wainwright and Olivier Couvert-Castera,
(Order of the Court of First Instance Ð Failure to initiate          assisted by Nicole Coutrelis), EÂlectriciteÂ de France,
infringement proceedings Ð Action for a declaration of               established in Paris, and HLM Colomiers Habitat SA',
failure to act and for damages Ð Appeal Ð Manifest                   established at Colomiers (France) Ð the Court (Third
                         inadmissibility)                            Chamber), composed of: C. Gulmann (Rapporteur),
                          (98/C 312/03)                              President of Chamber, J. C. Moitinho de Almeida and J.-P.
                                                                     Puissochet, Judges; J. Mischo, Advocate-General; R.
                (Language of the case: French)                       Grass, Registrar, has made an order on 14 July 1998, the
                                                                     operative part of which is as follows:
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                   1. The action is inadmissible.
In Case C-317/97 P: Smanor SA, a company incorporated                2. The application for legal aid is dismissed.
under French law, established at Saint-Martin-d'EÂcublei,
France, and Hubert SeÂgaud and Monique SeÂgaud, residing
at Saint-Martin-d'EÂcublei, represented by Laurence                  3. Glasoltherm SARL in liquidation shall pay the costs.
Roques, of the Val-de-Marne Bar, 7-9 Rue du GeÂneÂral de
Larminat, CreÂteil, France Ð appeal against the order of             (1) OJ C 55, 20.2.1998.
the Court of First Instance of the European Communities
(Second Chamber) of 3 July 1997 in Case T-201/96