CELEX: C2002/017/13
Language: en
Date: 2002-01-19 00:00:00
Title: Case C-435/01: Action brought on 12 November 2001 by the Commission of the European Communities against the Kingdom of Belgium

C 17/8                 EN                    Official Journal of the European Communities                                        19.1.2002
residing in Frankfurt am Main, Marc van de Velde, member of             A)   Do Article 39 EC (formerly Article 48 of the EC Treaty)
staff of the European Central Bank, residing in Usingen-                     and Articles 1 and 4 of Regulation (EEC) No 1612/68 (1)
Kransberg, Germany, and Maria Concetta Cerafogli, member                     of the Council of 15 October 1968 on freedom of
of staff of the European Central Bank, residing in Frankfurt am              movement for workers within the Community permit a
Main, represented by N. Pflüger, R. Steiner and S. Mittländer                Member State to reserve the posts of captain and first
— appeal against the order of the Court of First Instance of                 officer of its merchant ships to its own nationals? If the
the European Communities (Fourth Chamber) of 24 October                      reply is in the affirmative, may that reservation be
2000 in Case T-27/00 Staff Committee of the ECB and Others                   formulated in absolute terms (for all types of merchant
v ECB [2000] ECR-SC I-A-217 and II-987, seeking to have                      ships) or is it valid only in cases in which it is foreseeable
that order set aside, the other party to the proceedings being               and reasonable that it may be necessary for captains and
European Central Bank (Agents: C. Zilioli, V. Saintot and                    first officers on board actually to carry out certain public
M. López Torres) — the Court (Third Chamber), composed of:                  duties?
C. Gulmann, President of the Chamber, F. Macken (Rapporteur)
and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
                                                                        B)   If the national provisions of a Member State exclude from
R. Grass, Registrar, has made an order on 13 September 2001,
                                                                             the reservation of those posts to its nationals certain
the operative part of which is as follows:
                                                                             commercial shipping situations (defined on the basis of
                                                                             factors such as the gross tonnage of the ship, the cargo
                                                                             or number of passengers and the characteristics of its
1.    The appeal is dismissed.                                               voyages) and, in those situations, allow citizens of other
                                                                             Member States of the European Union to have access to
                                                                             the posts in question, may that access be made subject to
2.    The Staff Committee of the European Central Bank, Mr Priese-           the condition of reciprocity?
      mann, Mr Van de Velde and Ms Cerafogli shall pay the costs.
                                                                        (1) OJ English Special Edition 1968(II) P. 475.
(1) OJ C 61 of 24.2.2001.
                                                                        Action brought on 12 November 2001 by the Com-
                                                                        mission of the European Communities against the
                                                                                               Kingdom of Belgium
Reference for a preliminary ruling by the Third Division                                         (Case C-435/01)
of the Sala De Lo Contencioso-administrativo by order of
that court of 4 October 2001 in the case of Colegio de
Oficiales de la Marina Mercante Española, the State                                              (2002/C 17/13)
Administration and Asociación de Navieros Españoles
                             (ANAVE)
                         (Case C-405/01)                                An action against the Kingdom of Belgium was brought
                                                                        before the Court of Justice of the European Communities on
                                                                        12 November 2001 by the Commission of the European
                          (2002/C 17/12)                                Communities, represented by H. van Lier, acting as Agent.
                                                                        The applicant claims that the Court should:
Reference has been made to the Court of Justice of the                  1.   declare that, by failing within the time-limits prescribed
European Communities by an order of the Third Division of                    to adopt all the laws, regulations and administrative
the Sala De Lo Contencioso-administrativo (Chamber for                       provisions necessary to comply fully and correctly with
Contentious-Administrative Proceedings), which was received                  Council Directive 96/61/EC of 24 September 1996 (1)
at the Court Registry on 15 October 2001, for a preliminary                  concerning integrated pollution prevention and control,
ruling in the case of Colegio de Oficiales de la Marina Mercante             or at any rate to notify the same to the Commission, the
Española, the State Administration and Asociación de Navieros              Kingdom of Belgium has failed to fulfil its obligations
Españoles (ANAVE), on the following questions:                              under that directive;
 ---pagebreak--- 19.1.2002                EN                    Official Journal of the European Communities                                         C 17/9
2.    order the Kingdom of Belgium to pay the costs.                      Pleas in law and main arguments
                                                                          The pleas in law and main arguments are analogous to those
                                                                          in Case C-435/01 (3); the time-limit prescribed in Article 2 of
Pleas in law and main arguments                                           Directive 98/81/EC expired on 5 June 2001.
                                                                          (1) OJ 1999 L 93, p. 27.
The binding nature of the third paragraph of Article 249 EC is            (2) OJ 1990 L 117, p. 1.
such as to require Member States to whom directives are                   (3) See page 8 of this Official Journal.
addressed to adopt the measures needed to comply with them
before the expiry of the time-limit prescribed in such directives.
The time-limit prescribed in Article 21(1) of Directive 96/61
expired on 30 October 1999 but the Kingdom of Belgium has
not adopted the requisite provisions.
(1) OJ 1996 L 257, p. 26.
                                                                          Action brought on 20 November 2001 by the Com-
                                                                          mission of the European Communities against the Hellen-
                                                                                                       ic Republic
                                                                                                    (Case C-450/01)
                                                                                                     (2002/C 17/15)
Action brought on 12 November 2001 by the Com-                            An action against the Hellenic Republic was brought before
mission of the European Communities against the                           the Court of Justice of the European Communities on 20 No-
                        Kingdom of Belgium                                vember 2001 by the Commission of the European Communi-
                                                                          ties, represented by Maria Kondou-Durande, Legal Adviser.
                          (Case C-436/01)
                                                                          The Commission claims that the Court should:
                           (2002/C 17/14)                                 —      declare that, by not adopting within the time-limit laid
                                                                                 down the laws, regulations and administrative provisions
                                                                                 necessary to comply with Commission Directive
                                                                                 1999/8/EC (1) of 18 February 1999 amending Council
                                                                                 Directive 66/402/EEC on the marketing of cereal seed,
An action against the Kingdom of Belgium was brought                             the Hellenic Republic has failed to fulfil its obligations
before the Court of Justice of the European Communities on                       under the Treaty and that directive;
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.                 —      order the Hellenic Republic to pay the costs.
The applicant claims that the Court should:                               Pleas in law and main arguments
1.    declare that, by failing within the time-limits prescribed
      to adopt all the laws, regulations and administrative               In accordance with the third paragraph of Article 249 EC,
      provisions necessary to comply with Council Directive               directives are binding, as to the result to be achieved, upon
      98/81/EC (1) of 26 October 1998 amending Directive                  each Member State to which they are addressed.
      90/219/EEC (2) on the contained use of genetically modi-
      fied micro-organisms, or at any rate to notify the same to
      the Commission, the Kingdom of Belgium has failed to                Under the first paragraph of Article 10 EC, Member States are
      fulfil its obligations under that directive;                        to take all appropriate measures, whether general or particular,
                                                                          to ensure fulfilment of the obligations arising out of the Treaty
                                                                          or resulting from action taken by the institutions of the
2.    order the Kingdom of Belgium to pay the costs.                      Community.