CELEX: C1998/041/05
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 27 November 1997 in Case C-137/96: Commission of the European Communities v. Federal Republic of Germany (Failure of a Member State to fulfil its obligations - Non-transposition of Directive 91/414/EEC)

7.2.98                EN                   Official Journal of the European Communities                                       C 41/3
               JUDGMENT OF THE COURT                                       Republic has failed to fulfil its obligations under
                                                                           Articles 6, 48, 52, 58 and 221 of the EC Treaty,
                       (Fifth Chamber)                                     Article 7 of Regulation (EEC) No 1251/70 of the
                                                                           Commission of 29 June 1970 on the right of workers
                    of 27 November 1997                                    to remain in the territory of a Member State after
                                                                           having been employed in that State and Article 7 of
       in Case C-62/96: Commission of the European                         Council Directive 75/34/EEC of 17 December 1974
            Communities v. Hellenic Republic (1)                           concerning the right of nationals of a Member State to
                                                                           remain in the territory of another Member State after
(Failure of a Member State to fulfil its obligations Ð
                                                                           having pursued therein an activity in a self-employed
Registration of vessels Ð Nationality requirement for the
                                                                           capacity;
                            owner)
                         (98/C 41/04)
                                                                      2. orders the Hellenic Republic to pay the costs.
                (Language of the case: Greek)                         (1) OJ C 158, 1.6.1996.
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                     JUDGMENT OF THE COURT
                                                                                              (Fifth Chamber)
In Case C-62/96: Commission of the European                                               of 27 November 1997
Communities (Agents: Frank Benyon and Maria Condou
Durande) v. Hellenic Republic (Agents: Aikaterini Samoni-                    in Case C-137/96: Commission of the European
Randou, assisted by Evi Skandalou and Stamatina Vodina)                     Communities v. Federal Republic of Germany (1)
Ð application for a declaration that, by maintaining in
force legislative provisions which restrict the right to              (Failure of a Member State to fulfil its obligations Ð
registration in the Greek shipping registers to vessels more                   Non-transposition of Directive 91/414/EEC)
than half the shares in which are owned by Greek
nationals or owned by Greek legal persons more than half                                        (98/C 41/05)
of whose capital is held by Greek nationals, the Hellenic
Republic has failed to fulfil its obligations under Articles 6,
48, 52, 58 and 221 of the EC Treaty, Article 7 of
Regulation (EEC) No 1251/70 of the Commission of                                     (Language of the case: German)
29 June 1970 on the right of workers to remain in the
territory of a Member State after having been employed in
that State (OJ, English Special Edition 1970 (II), p. 402)
and Article 7 of Council Directive 75/34/EEC of
17 December 1974 concerning the right of nationals of a                 (Provisional translation; the definitive translation will be
Member State to remain in the territory of another                              published in the European Court Reports)
Member State after having pursued therein an activity in a
self-employed capacity (OJ L 14, 20.1.1975, p. 10) Ð the
Court (Fifth Chamber), composed of: M. Wathelet,
                                                                      In Case C-137/96: Commission of the European
President of the First Chamber, acting as President of the
                                                                      Communities (Agent: Klaus-Dieter Borchardt) against
Fifth Chamber, J. C. Moitinho de Almeida, D. A. O.
                                                                      Federal Republic of Germany (Agents: Ernst Röder and
Edward, P. Jann (Rapporteur) and L. Sevón, Judges; G.
                                                                      Sabine Maaû) Ð application for a declaration that, by not
Tesauro, Advocate-General; H. A. Rühl, Principal
                                                                      adopting within the period prescribed all the laws,
Administrator, for the Registrar, has given a judgment on
                                                                      regulations and administrative provisions necessary for the
27 November 1997, in which it:
                                                                      transposition into domestic law of Council Directive 91/
                                                                      414/EEC of 15 July 1991 concerning the placing of plant
                                                                      protection products on the market (OJ L 230, 19.8.1991,
                                                                      p. 1), the Federal Republic of Germany has failed to fulfil
1. declares that, by maintaining in force legislative                 its obligations under the EC Treaty Ð the Court (Fifth
     provisions which restrict the right to registration in the       Chamber) composed of: C. Gulmann, President of the
     Greek shipping registers to vessels more than half the           Chamber, M. Wathelet, J. C. Moitinho de Almeida, J.-P.
     shares in which are owned by Greek nationals or                  Puissochet (Rapporteur) and L. Sevón, Judges; A. La
     owned by Greek legal persons more than half of                   Pergola, Advocate-General; R. Grass, Registrar, gave a
     whose capital is held by Greek nationals, the Hellenic           judgment on 27 November 1997, in which it:
 ---pagebreak--- C 41/4                  EN                 Official Journal of the European Communities                                       7.2.98
1. declares that, by not having within the period                     national, the competent social security institutions and the
     prescribed adopted all the laws, regulations and                 courts of a Member State must accept certificates and
     administrative provisions necessary to ensure that               analogous documents relative to personal status issued by
     Council Directive 91/414/EEC of 15 July 1991                     the competent authorities of the other Member States,
     concerning the placing of plant protection products on           unless their accuracy is seriously undermined by concrete
     the market Ð with the exception of Article 10 (1),               evidence relating to the individual case in question.
     second indent, thereof Ð was transposed into
     domestic law, the Federal Republic of Germany has
     failed to fulfil its obligations under that Directive;           (1) OJ C 392, 31.12.1994.
2. orders the Federal Republic of Germany to pay the
     costs.
(1) OJ C 180, 22.6.1996.
                                                                                    JUDGMENT OF THE COURT
                                                                                           of 2 December 1997
                                                                      in Case C-188/95 (reference for a preliminary ruling from
                                                                             the éstre Landsret: Fantask A/S and Others v.
                JUDGMENT OF THE COURT                                          Industriministeriet (Erhvervsministeriet) (1)
                       of 2 December 1997
                                                                      (Directive 69/335/EEC Ð Registration charges on
in Case C-336/94 (reference for a preliminary ruling from               companies Ð Procedural time-limits under national law)
the Sozialgericht Hamburg): Eftalia Dafeki v. Landesver-
               sicherungsanstalt Württemberg (1)                                               (98/C 41/07)
(Freedom of movement for workers Ð Equal treatment Ð
Social security Ð Rule of national law according different
probative value to certificates of civil status depending on                         (Language of the case: Danish)
        whether they are of national or foreign origin)
                           (98/C 41/06)
                (Language of the case: German)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                    In Case C-188/95: reference to the Court under Article 177
                                                                      of the EC Treaty from the éstre Landsret, Denmark, for
                                                                      a preliminary ruling in the proceedings pending before
In Case C-336/94: reference to the Court under Article 177            that court between Fantask A/S and Others and
of the EC Treaty from the Sozialgericht (Social Court)                Industriministeriet (Erhvervsministeriet) Ð on the
Hamburg (Germany), for a preliminary ruling in the                    interpretation of Council Directive 69/335/EEC of 17 July
proceedings pending before that court between Eftalia                 1969 concerning indirect taxes on the raising of capital
Dafeki and Landesversicherungsanstalt Württemberg Ð                   (OJ, English Special Edition 1969 (II), p. 412), as most
on the interpretation of Articles 48 and 51 of the EC                 recently amended by Council Directive 85/303/EEC of
Treaty in the light of German provisions under which                  10 June 1985 (OJ L 156, 15.6.1985, p. 23) Ð the Court
certificates of civil status are accorded different probative         composed of: G. C. Rodríguez Iglesias, President, C.
value, depending on whether they are German or foreign                Gulmann, H. Ragnemalm and M. Wathelet (Presidents of
Ð the Court, composed of: H. Ragnemalm (President of                  Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
the Fourth and Sixth Chambers), acting for the President,             P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.
G. F. Mancini, J. C. Moitinho de Almeida, J. L. Murray,               Puissochet (Rapporteur), G. Hirsch, P. Jann and L. Sevón,
D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann                 Judges; F. G. Jacobs, Advocate-General; H. von Holstein,
(Rapporteur) and L. Sevón, Judges; A. La Pergola,                     Deputy Registrar, for the Registrar, gave a judgment on
Advocate-General; H. A. Rühl, Principal Administrator,                2 December 1997, the operative part of which is as
for the Registrar, has given a judgment on 2 December                 follows:
1997, in which it has ruled:
In proceedings for determining the entitlements to social             1. On a sound construction of Article 12 (1)(e) of
security benefits of a migrant worker who is a Community                   Council Directive 69/335/EEC of 17 July 1969