CELEX: C1999/366/15
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court of 21 September 1999 in Case C-378/97 (reference for a preliminary ruling from the Arrondissementsrechtbank te Rotterdam): criminal proceedings against Florus Ariël Wijsenbeek (Freedom of movement for persons - Right of citizens of the European Union to move and reside freely - Border controls - National legislation requiring persons coming from another Member State to present a passport)

C 366/10                EN                       Official Journal of the European Communities                                        18.12.1999
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                      of 21 September 1999                                                            (First Chamber)
                                                                                                  of 21 September 1999
in Case C-378/97 (reference for a preliminary ruling from
the Arrondissementsrechtbank te Rotterdam): criminal
       proceedings against Florus Ariël Wijsenbeek (1)                      in Case C-362/98: Commission of the European Communi-
                                                                                                 ties v Italian Republic (1)
(Freedom of movement for persons — Right of citizens of
the European Union to move and reside freely — Border                       (Failure by a Member State to fulfil its obligations — Failure
controls — National legislation requiring persons coming                                   to transpose Directive 93/103/EC)
      from another Member State to present a passport)
                                                                                                      (1999/C 366/16)
                          (1999/C 366/15)
                                                                                                (Language of the case: Italian)
                    (Language of the case: Dutch)
                                                                            (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-362/98: Commission of the European Communities
                                                                            (Agents: Pieter Jan Kuijper and Antonio Aresu) v Italian
In Case C-378/97: reference to the Court under Article 177 of               Republic (Agent: Umberto Leanza, assisted by Danilo Del
the EC Treaty (now Article 234 EC) from the Arrondissements-                Gaizo) — application for a declaration that, by failing to adopt
rechtbank te Rotterdam, Netherlands, for a preliminary ruling               and/or by not communicating to the Commission the laws,
in the criminal proceedings before that court against Florus                regulations and administrative provisions necessary to comply
Ariël Wijsenbeek — on the interpretation of Articles 7a and                 with Council Directive 93/103/EC of 23 November 1993
8a of the EC Treaty (now, after amendment, Articles 14 EC                   concerning the minimum safety and health requirements for
and 18 EC) — the Court, composed of: G.C. Rodrı́guez                        work on board fishing vessels (thirteenth individual Directive
Iglesias, President, P.J.G. Kapteyn, J.-P. Puissochet and P. Jann,          within the meaning of Article 16(1) of Directive 89/391/EEC)
Presidents of the Chamber, J.C. Moitinho de Almeida, C. Gul-                (OJ 1993 L 307, p. 1), the Italian Republic has failed to fulfil
mann, J.L. Murray, D.A.O. Edward, H. Ragnemalm, L. Sevón                   its obligations under the EC Treaty — the Court (First
(Rapporteur) and M. Wathelet, Judges; G. Cosmas, Advocate                   Chamber), composed of: P. Jann (Rapporteur), President of
General; D. Louterman-Hubeau, Principal Administrator, for                  the Chamber, L. Sevón and M. Wathelet, Judges; J. Mischo,
the Registrar, has given a judgment on 21 September 1999, in                Advocate General; R. Grass, Registrar, has given a judgment
which it has ruled:                                                         on 21 September 1999, in which it:
                                                                            1. Declares that, by failing to adopt within the prescribed period the
As Community law stood at the time of the events in question in the             laws, regulations and administrative provisions necessary to
main proceedings, neither Article 7a nor Article 8a of the EC Treaty            comply with Council Directive 93/103/EC of 23 November
(now, after amendment, Articles 14 EC and 18 EC) precluded a                    1993 concerning the minimum safety and health requirements
Member State from requiring a person, whether or not a citizen of               for work on board fishing vessels (thirteenth individual Directive
the European Union, under threat of criminal penalties, to establish            within the meaning of Article 16(1) of Directive 89/391/EEC),
his nationality upon his entry into the territory of that Member State          the Italian Republic has failed to fulfil its obligations under
by an internal frontier of the Community, provided that the penalties           Article 13(1) thereof;
applicable are comparable to those which apply to similar national
infringements and are not disproportionate, thus creating an obstacle
to the free movement of persons.                                            2. Orders the Italian Republic to pay the costs.
(1) OJ No C 387 of 20.12.1997.                                              (1) OJ No C 358 of 21.11.1998.