CELEX: C1996/269/33
Language: en
Date: 1996-09-14 00:00:00
Title: Action brought on 12 July 1996 by the Commission of the European Communities against the Italian Republic (Case C-245/96)

No C 269/ 16           EN                    Official Journal of the European Communities                                         14 . 9 . 96
     ( a ) Commission Directive 93/63/EEC ( ) of 5 July 1993            Pleas in law and main arguments adduced in support:
           setting out the implementing measures concerning
           the supervision and monitoring of suppliers and              Article 189 of the EC Treaty, in providing that a directive is
           establishments pursuant to Council Directive                 binding, as to the result to be achieved, upon the Member
           91 /682/EEC ( 2 ) on the marketing of ornamental             State to which it is addressed, places Member States under
           plant propagating material and ornamental plants             an obligation to comply with the time limits set by directives
           and/or failing to communicate them to the                    for their implementation. In the present case, when the time
           Commission ;                                                 limit expired on 1 January 1993 , the Italian Republic had
                                                                        not taken the steps necessary to comply with Directive
     ( b ) Commission Directive 93/78/EEC of 21 September               92/42/EEC .
           1993 setting out additional implementing
           provisions for lists of varieties of ornamental plant
                                                                        (') OJ No L 167, 22 . 6 . 1992 , p . 17.
           propagating material and ornamental plants, as
           kept by suppliers under Council Directive
           91 /682/EEC ( 3 ) and/or failing to communicate them
           to the Commission,
     the Kingdom of Belgium has failed to fulfil its
     obligations under Article 6 of Directive 93/63/EEC and
     Article 3 of Directive 93/68 /EEC and also under the EC            Reference for a preliminary ruling by the Office of the
     Treaty,                                                            Industrial Tribunals and the Fair Employment Tribunal, by
                                                                        reference of that court of 9 July 1996, in the Case of
— order the Kingdom of Belgium to pay the costs .                       Mrs Mary Teresa Maggorian and Mrs Irene Patricia
                                                                        Cunningham against the Eastern Health and Social Services
                                                                         Board and the Department of Health and Social Services
Pleas in law and main arguments adduced in support:
                                                                                                 ( Case C-246/96 )
The pleas in law and main arguments are similar to those put                                       ( 96/C 269/34 )
forward in Case C-236/96 (4 ); the time limit set by the
Directive expired on 30 June 1994 .
                                                                        Reference has been made to the Court of Justice of the
(')  OJ No L 250 , 7 . 10 . 1993 , p. 31 .
                                                                        European Communities by order of the Office of the
(2)  OJ No L 276 , 31 . 10 . 1991 , p. 21 .                             Industrial Tribunals and the Fair Employment Tribunal of
(?)  OJ No L 256 , 14 . 10 . 1993 , p. 19 .                             9 July 1996 , which was received at the Court Registry on
(4 ) See page 11 of this Official Journal .                             17 July 1996 , for a preliminary ruling in the case of
                                                                        Mrs Mary Teresa Maggorian and Mrs Irene Patricia
                                                                        Cunningham against the Eastern Health and Social Services
                                                                        Board and the Department of Health and Social Services, on
                                                                        the following questions :
Action brought on 12 July 1996 by the Commission of the                 In circumstances where :
     European Communities against the Italian Republic
                           Case C-245 /96 )                             ( a ) a worker has been employed by a health board which is
                            ( 96/C 269/33 )                                   part of the State, in employment concerned with the
                                                                              care of the mentally ill to which an occupational
An action against the Italian Republic was brought before                     pension scheme applies;
the Court of Justice of the European Communities on
12 July 1996 by the Commission of the European                          ( b ) the worker has at all material times either been a
Communities, represented by Antonio Aresu of its Legal                        member or been eligible to be a member of the pension
Service, acting as Agent, with an address for service in                      scheme;
Luxembourg at the office of C. Gomez de la Cruz, Wagner
Centre, rue Alcide de Gasperi .                                         ( c ) the pension scheme contains a term according to which
                                                                              those who work full time and devote all or substantially
The applicant claims that the Court should :                                  all their working hours to the care of the mentally ill
                                                                              ( who are described as ' Mental Health Officers ') are
— declare that, by not communicating the laws, regulations                    entitled to additional benefits not available to those
     and administrative provisions necessary to comply with                   doing the same work part time, as follows : 'where a
      Council Directive 92/42/EEC of 21 May 1992 on                           person has reached or passed the age of 50 and has
     efficiency requirements for new hot-water boilers fired                  worked as a Mental Health Officer for 20 years ( here
     with liquid or gaseous fuels ('), or by not adopting the                 referred to as the 'qualifying service') and continues to
     necessary implementing measures, the Italian Republic                    work as a Mental Health Officer, then :
     has failed to fulfil its obligations under that Directive ,
                                                                                ( i ) their subsequent service is reckoned for pension
— order the Italian Republic to pay the costs of the                                  purposes at twice its length ( here referred to as the
     proceedings .                                                                    'double-time service'); and