CELEX: C1997/228/06
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 5 June 1997 in Case C-107/96: Community of the European Communities v. Kingdom of Spain (Failure to fulfil obligations - Directive 91/156/EEC)

26 . 7. 97             EN                  Official Journal of the European Communities                                  No C 228/3
Agreement between the European Economic Community                     broadcasting activities is to be interpreted as meaning that
and Turkey, is to be interpreted as meaning that a Turkish            a television broadcaster comes under the jurisdiction of
worker does not satisfy the condition of having been in               the Member States in which it is established. If a television
legal employment, within the meaning of that provision,               broadcaster is established in more than one Member State,
in the host Member State, where he has been employed                  the Member State having jurisdiction over it is the one in
there under a residence permit which was issued to him                whose territory the broadcaster has the centre of its
only as a result of fraudulent conduct in respect of which            activities, in particular where decisions concerning
he has been convicted.                                                programme policy are taken and the programmes to be
                                                                      broadcast are finally put together.
(') OJ No C 268 , 14 . 10 . 1995 .
                                                                      o OJ No C 133 , 4 . 5 . 1996.
               JUDGMENT OF THE COURT
                                                                                     JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                                                                                               (Fifth Chamber)
                          of 5 June 1997
                                                                                                of 5 June 1997
in Case C-56/96 ( reference for a preliminary ruling from
the Raad van State van België): VT4 Ltd v. Vlaamse                    in     Case   C-107/96: Community of the European
                        Gemeenschaap (*)                                           Communities v. Kingdom of Spain (')
(Free movement of services — Television broadcasting —                    (Failure to fulfil obligations — Directive 91/156/EEC)
       Establishment — Evasion of domestic legislation)
                                                                                                 ( 97/C 228/06 )
                           ( 97/C 228/05 )
                                                                                      (Language of the case: Spanish)
                 (Language of the case: Dutch)
                                                                        (Provisional translation; the definitive translation will be
   (Provisional translation; the definitive translation will be                  published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-107/96 : Commission of the European
In Case C-56/96 : reference to the Court under Article 177            Communities ( Agents : Richard Wainwright and Fernando
of the EC Treaty by the Raad van State van Belgie, for                Castillo de la Torre ) v. Kingdom of Spain (Agent: Luis
a preliminary ruling in the proceedings pending before                Perez de Ayala Becerril ) — application for a declaration
that court between VT4 Ltd and Vlaamse Gemeenschap                    that, by failing to adopt and bring into force or to notify
(third parties : Intercommunale Maatschappij voor Gas en              within the prescribed period the laws, regulations and
Elektriciteit van het Westen ( Gaselwest) and Others,                 administrative provisions necessary to comply with
Vlaamse Uitgeversmaatschappij NV (VUM), Integan                       Council     Directive    91 /156/EEC     of  18  March    1991
Intercommunale CV and Others and Vlaamse Televisie                    amending Directive 75/442/EEC on waste ( OJ No L 78,
Maatschappij NV (VTM)) — on the interpretation of                     26 . 3 . 1991 , p. 32 ), the Kingdom of Spain has failed to
Council Directive 89/552/EEC of 3 October 1989 on the                 fulfil its obligations under that Directive and under
coordination of certain provisions laid down by law,                  Articles 5 and 189 of the EC Treaty —the Court ( Fifth
regulation or administrative action in Member States                  Chamber), composed of: J. C. Moitinho de Almeida,
concerning the pursuit of television broadcasting activities          President of the Chamber, L. Sevon ( Rapporteur ), D. A. O.
 ( OJ No L 298 , 17. 10 . 1989, p. 23 ), — the Court                  Edward, P. Jann and M. Wathelet, Judges; P. Leger,
composed of G. F. Mancini, President of the Chamber, J. L.            Advocate-General; R. Grass, Registrar, has given a
Murray, C. N. Kakouris, P. J. G. Kapteyn ( Rapporteur)                judgment on 5 June 1997, in which it:
and H. Ragnemalm, Judges, Advocate-General; C. O.
Lenz, Registrar: H. von Holstein, Deputy Registrar, has
given a judgment on 5 June 1997, in which it rules :
                                                                       1 . declares that, by failing to adopt and bring into force
                                                                            within the prescribed period the laws, regulations and
                                                                            administrative provisions necessary to comply with
Article 2 (1 ) of Council Directive 89/552/EEC of                           Council Directive 91 /156/EEC of 18 March 1991
3 October 1989 on the coordination of certain provisions                    amending Directive 75/442/EEC on waste, the
laid down by law, regulation or administrative action in                    Kingdom of Spain has failed to fulfil its obligations
Member States concerning the pursuit of television                          under Article 2 (1 ) of that Directive;
 ---pagebreak--- No C 228/4              EN                   Official Journal of the European Communities                                     26 . 7 . 97
2 . orders the Kingdom of Spain to pay the costs.                                     JUDGMENT OF THE COURT
                                                                                               ( Sixth Chamber)
O OJ No C 158 , 1 . 6 . 1996 .
                                                                                               of 12 June 1997
                                                                        in Case C-266/95 (reference for a preliminary ruling from
                                                                        the Bundessozialgericht): Pascual Merino Garcia v. Bun­
                                                                                           desanstalt fur Arbeit ( l )
                                                                        (Social security of migrant workers — Regulation (EEC)
                                                                        No 1408/71 — Persons covered — 'Employed persons ' —
                JUDGMENT OF THE COURT                                                           Family benefits)
                          (Fifth Chamber)
                                                                                                 ( 97/C 228/08 )
                           of 5 June 1997
in     Case   C-223/96: Commission of the European                                     (Language of the case: German)
              Communities v. French Republic ( l )
    (Failure to fulfil obligations — Directive 91/156/EEC)
                            ( 97/C 228/07 )                               (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                 (Language of the case: French)
                                                                        In Case C-266/95 : reference to the Court under Article 177
                                                                        of the EC Treaty from the Bundessozialgericht ( Federal
                                                                        Social Court) ( Germany ) for a preliminary ruling in the
  (Provisional translation; the definitive translation will be          proceedings pending before that court between Pascual
           published in the European Court Reports)                     Merino Garcia and Bundesanstalt fur Arbeit — on the
                                                                        interpretation and validity of Point I ( C ) of Annex I to
                                                                        Council Regulation ( EEC ) No 1408/71 of 14 June 1971
                                                                        on the application of social security schemes to employed
In Case C-223/96 : Commission of the European
                                                                        persons, to self-employed persons and to members of their
Communities ( Agent: M. Kondou Durande, assisted by                     families moving within the Community, as amended and
J. -J. Evrard, of the Brussels Bar ) v. French Republic
                                                                        updated by Council Regulation ( EEC ) No 2001 /83 of
( Agents: C. de Salins, and R. Nadal ) — application for a
                                                                        2 June 1983 ( OJ No L 230, 22 . 8 . 1983 , p. 6 ), as
declaration that, by not adopting the laws, regulations and             amended by Council Regulation ( EEC ) No 3427/89 of
administrative provisions necessary to comply with
Council      Directive    91 / 156/EEC    of  18   March     1991
                                                                        30 October 1989 ( OJ No L 331 , 16 . 11 . 1989, p. 1 ) —
                                                                        the Court ( Sixth Chamber), composed of: G. F. Mancini
amending Directive 75/442/EEC on waste ( OJ No L 78 ,                   ( Rapporteur ), President of the Chamber, C. N. Kakouris,
26 . 3 . 1991 , p. 32 ), or by not communicating those                  G. Hirsch, H. Ragnemalm and R. Schintgen, Judges; N.
measures, the French Republic has failed to fulfil its
                                                                        Fennelly, Advocate-General; H. A. Riihl, Principal
obligations under that Directive — the Court ( Fifth                    Administrator, for the Registrar, has given a judgment on
Chamber ), composed of: J. C. Moitinho de Almeida ,                     12 June 1997, in which it has ruled:
President of the Chamber, L. Sevon ( Rapporteur), D. A. O.
Edward, P. Jann and M. Wathelet, Judges; P. Leger,
Advocate-General; R. Grass, Registrar, has given a
judgment on 5 June 1997, in which it:                                   In accordance with Article 73 of Council Regulation
                                                                        (EEC) No 1408/71 of 14 June 1971 on the application of
                                                                        social security schemes to employed persons, to self­
                                                                        employed persons and to members of their families
1 . declares that, by not adopting the laws, regulations                moving within the Community, as amended and updated
      and administrative provisions necessary to comply                 by Council Regulation (EEC) No 2001 /83 of 2 June 1983 ,
      with Council Directive 91 /156/EEC of 18 March 1991               as amended by Council Regulation (EEC) No 3427/89 of
      amending Directive 75/442/EEC on waste, the French                30 October 1989, the expression 'employed persons ' must
      Republic has failed to fulfil its obligations under               be construed as designating only employed persons who
      Article 2 (1 ) of that Directive;                                 satisfy the definition resulting from the combined
                                                                        provisions of Article 1 (a) (ii) of the Regulation and
                                                                        Point I (C) of Annex I thereto, for the purposes of paying
2 . orders the French Republic to pay the costs.                        family benefits under the German legislation.
                                                                        Furthermore, consideration of the questions referred has
                                                                        not disclosed any factor such as to cast doubt on the
(') OJ No C 269 , 14 . 9 . 1996 .                                       validity of the said Annex. However, Article 48 (2) of the
                                                                        EC Treaty must be interpreted as precluding the
                                                                        application of national legislation which results in an
                                                                        employed person whose children are domiciled in another