CELEX: C1998/209/56
Language: en
Date: 1998-07-04 00:00:00
Title: Reference for a preliminary ruling from the Kantongerecht te Nijmegen by judgments of that court of 8 May 1998 in the cases of Pavel W. Pavlov (Case C-180/98), Dirk Boetie van der Schaaf (Case C-181/98), Marinus Anthony Pieter Kooyman (Case C-182/98), Evert Wilhelm Geert Weber (Case C-183/98) and Rob Slappendel (Case C-184/98) against Stichting Pensioenfonds Medische Specialisten (Case C-180/98 to C-184/98)

4.7.98                 EN                  Official Journal of the European Communities                                  C 209/27
Action brought on 14 May 1998 by the Commission of                    Integration, against Fatna Mesbah on the following
  the European Communities against the French Republic                questions:
                        (Case C-178/98)
                                                                      1. Can a member of the family of a worker, who was
                         (98/C 209/54)
                                                                           originally Moroccan but subsequently acquired
                                                                           Belgian nationality, still rely on Article 41(1) of the
                                                                           Cooperation Agreement between the European
An action against the French Republic was brought before                   Economic Community and the Kingdom of Morocco,
the Court of Justice of the European Communities on                        signed in Rabat on 27 April 1976 and approved on
14 May 1998 by the Commission of the European                              behalf of the Community by Council Regulation
Communities, represented by Götz zur Hausen, Legal                         (EEC) No 2211/78 (1) of 26 September 1978 and on
Adviser, and Olivier Coustert-Castera, official seconded to                the principle of non-discrimination with regard to
the Legal Service, acting as Agents, with an address for                   Moroccan workers' and members of their family'
service in Luxembourg at the office of Carlos Gómez de la                  living with them, which is contained therein?
Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                      2. What degree of relationship Ð vertical and/or
The applicant claims that the Court should:                                horizontal Ð is covered by the term family',
                                                                           contained in Article 41(1) of the EEC-Morocco
                                                                           Agreement, and can that term also be applied to
1. declare that, by failing to adopt and/or communicate                    persons of Moroccan nationality who are related only
     all the measures necessary to comply with Council                     by marriage?
     Directive 91/157/EEC of 18 March 1991 on batteries
     and accumulators containing certain dangerous
                                                                      (1) OJ L 264, 27.9.1978, p. 1.
     substances (1), the French Republic has failed to fulfil
     its obligations under that directive,
2. order the French Republic to pay the costs.
Pleas in law and main arguments adduced in support:                   Reference for a preliminary ruling from the Kantongerecht
                                                                      te Nijmegen by judgments of that court of 8 May 1998 in
                                                                      the cases of Pavel W. Pavlov (Case C-180/98), Dirk Boetie
The fact that the laws, regulations and administrative                van der Schaaf (Case C-181/98), Marinus Anthony Pieter
provisions necessary to comply more generally with                    Kooyman (Case C-182/98), Evert Wilhelm Geert Weber
Directive 91/158/EEC have not yet been adopted by                     (Case C-183/98) and Rob Slappendel (Case C-184/98)
France (2) is irrelevant in order to find that it has failed to           against Stichting Pensioenfonds Medische Specialisten
fulfil its specific obligations under Article 6 of the                                 (Case C-180/98 to C-184/98)
directive with regard to the drawing up of the
programmes referred to therein.                                                               (98/C 209/56)
(1) OJ L 78, 26.3.1991, p. 38.                                        Reference has been made to the Court of Justice of
(2) See Joined Cases C-282/96 and C-283/96, OJ C            212,      the European Communities by judgments of the
    12.7.1997, p. 6.
                                                                      Kantongerecht te Nijmegen (Cantonal Court, Nijmegen)
                                                                      of 8 May 1998, received at the Court Registry on 15 May
                                                                      1998, for a preliminary ruling in the cases of Pavel W.
                                                                      Pavlov (Case C-180/98), Dirk Boetie van der Schaaf (Case
                                                                      C-181/98), Marinus Anthony Pieter Kooyman (Case
                                                                      C-182/98), Evert Wilhelm Geert Weber (Case C-183/98)
Reference for a preliminary ruling by the Cour du Travail,            and Rob Slappendel (Case C-184/98) against Stichting
Brussels (Sixth Chamber) by judgment of that court of                 Pensioenfonds Medische Specialisten on the following
11 May 1998 in the case of Belgian State, in the person of            questions:
the Secretary of State for Social Integration, against Fatna
                            Mesbah                                    1. In the light of the Wet betreffende verplichte
                        (Case C-179/98)                                    deelneming in een beroepspensioenregeling (Law on
                                                                           compulsory affiliation to an occupational pension
                         (98/C 209/55)                                     scheme, hereinafter the WVD'), is an occupational
                                                                           pension scheme which, pursuant to and in accordance
                                                                           with the WVD, makes membership compulsory for all,
Reference has been made to the Court of Justice of the                     or one or more specified groups of, persons belonging
European Communities by judgment of the Cour du                            to a profession, entailing the legal consequences . . .
Travail (Higher Labour Court), Brussels (Sixth Chamber)                    attendant upon the Law, to be regarded as an
of 11 May 1998, received at the Court Registry on 15 May                   undertaking within the meaning of Articles 85, 86 or
1998, for a preliminary ruling in the case of Belgian State,               90 of the Treaty establishing the European Economic
in the person of the Secretary of State for Social                         Community?
 ---pagebreak--- C 209/28              EN                  Official Journal of the European Communities                                    4.7.98
2. If so, is the fact of making membership of the                    above provisions require Member States to adapt their
    occupational pension scheme for medical specialists              legislation to comply with Community directives within
    . . . compulsory a measure adopted by a Member State             the periods prescribed therein. Although the period
    which nullifies the useful effect of the competition             prescribed in Article 3 of Directive 92/101/EEC expired on
    rules applicable to undertakings, or is this the case            1 January 1994, the Hellenic Republic had not adopted
    only under certain conditions, and if so, under which?           the laws, regulations and administrative provisions
                                                                     necessary to comply with that directive.
3. If the last question must be answered in the negative,
                                                                     (1) OJ L 347, 28.11.1992, p. 64.
    can      other    circumstances     render     compulsory
    membership incompatible with Article 90 of the
    Treaty, and if so, which?
                                                                     Reference for a preliminary ruling by the 4.a Vara Criminal
                                                                     do Círculo do Porto by decision of that court of 21 April
                                                                     1998 in the case of MinisteÂrio PuÂblico against Maria
Action brought on 15 May 1998 by the Commission of                             AmeÂlia Nunes and Evangelina de Matos
 the European Communities against the Hellenic Republic
                                                                                            (Case C-186/98)
                       (Case C-185/98)
                                                                                             (98/C 209/58)
                         (98/C 209/57)
                                                                     Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought                  European Communities by decision of the 4.a Vara
before the Court of Justice on 15 May 1998 by the                    Criminal do Círculo do Porto (Fourth Criminal Chamber,
Commission of the European Communities, represented                  Oporto Circuit) of 21 April 1998, which was received at
by M. Patakia, of the Commission's Legal Service, with an            the Court Registry on 18 May 1998, for a preliminary
address for service in Luxembourg at the office of Carlos            ruling in the case of MinisteÂrio PuÂblico against Maria
Gómez de la Cruz, also of the Commission's Legal                     AmeÂlia Nunes and Evangelina de Matos on the following
Service, Wagner Centre, Kirchberg.                                   questions:
The applicant claims that the Court should:                          Ð did the Community legislation in force at the material
                                                                         time treat the conduct with which the defendants are
                                                                         charged as criminal?
(1) declare that, by failing to adopt, within the period
      prescribed, the laws, regulations and administrative
      provisions necessary to comply with Council                        and
      Directive 92/101/EEC of 23 November 1992
      amending Directive 77/91/EEC on the formation of               Ð does a Member State have the power to impose
      public limited liability companies and the                         criminal sanctions on conduct which causes only
      maintenance and alteration of their capital (1), the               economic damage to the Community in respect of
      Hellenic Republic has failed to fulfil its obligations             which Community law only provides for civil
      under the EC Treaty and that directive,                            sanctions?
(2) in the alternative, declare that, by failing to
      communicate to the Commission the measures
      adopted in order to transpose the said directive into
      national law, the Hellenic Republic has failed to fulfil
      its obligations under the EC Treaty and that directive,                  Removal from the register of C-21/95 (1)
                                                                                             (98/C 209/59)
(3) order the Hellenic Republic to pay the costs.
                                                                     By order of 3 March 1998 the President of the Court of
Pleas in law and main arguments adduced in support:                  Justice of the European Communities has ordered the
                                                                     removal from the register of Case C-21/95 (reference for a
                                                                     preliminary ruling from the Tribunale Amministrativo
Under the third paragraph of Article 189 of the EC Treaty,           Regionale del Lazio): Toscana TV and Others v. Ministero
a directive is to be binding, as to the result to be achieved,       delle Poste e Telcomunicazioni.
upon each Member State to which it is addressed. Under
Article 5 of the Treaty, the Member States are to take all
                                                                     (1) OJ C 74, 25.3.1995.
appropriate measures to ensure fulfilment of the
obligations arising out of the Treaty or resulting from
action taken by the institutions of the Community. The