CELEX: C2001/200/16
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 3 May 2001 in Case C-347/98: Commission of the European Communities v Kingdom of Belgium (Failure by a State to fulfil its obligations — Social security — Regulation (EEC) No 1408/71 — Article 13(2)(f) — Legislation of a Member State providing for social security contributions to be levied on occupational disease benefits payable to persons who do not reside in that State and are no longer subject to its social security scheme)

14.7.2001                EN                      Official Journal of the European Communities                                            C 200/9
                   JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                           (Sixth Chamber)                                                             (Sixth Chamber)
                                                                                                         of 3 May 2001
                            of 3 May 2001
                                                                            in Case C-347/98: Commission of the European Communi-
in Case C-306/98 (reference for a preliminary ruling from                                      ties v Kingdom of Belgium (1)
the High Court of Justice of England and Wales, Queen’s
Bench Division (Divisional Court)): The Queen v Minister
of Agriculture, Fisheries and Food, Secretary of State for                  (Failure by a State to fulfil its obligations — Social security
                         the Environment (1)                                — Regulation (EEC) No 1408/71 — Article 13(2)(f) —
                                                                            Legislation of a Member State providing for social security
                                                                            contributions to be levied on occupational disease benefits
(Directive 91/414/EEC — Plant protection products —                         payable to persons who do not reside in that State and are
Authorisation for placing on the market — Assessment of                              no longer subject to its social security scheme)
   an application for authorisation — Transitional period)
                                                                                                        (2001/C 200/16)
                           (2001/C 200/15)
                                                                                                  (Language of the case: French)
                     (Language of the case: English)
                                                                            (Provisional translation; the definitive translation will be published
In Case C-306/98: reference to the Court under Article 177 of                                    in the European Court Reports)
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Div-                  In Case C-347/98: Commission of the European Communities
isional Court) (United Kingdom) for a preliminary ruling in the             (Agents: D. Gouloussis and P. Hillenkamp) v Kingdom of
proceedings pending before that court between The Queen                     Belgium (Agent: A. Snoecx, assisted by E. Gillet and G. Vander-
and Minister of Agriculture, Fisheries and Food, Secretary of               sanden), supported by Kingdom of the Netherlands (Agents:
State for the Environment, ex parte: Monsanto plc, intervener:              M.A. Fierstra and I. van der Steen) — application for a
I Pi Ci SpA, Clayton Plant Protection Ltd and British Agrochem-             declaration that, by levying personal contributions of 13,07 %
icals Association Ltd (BAA) — on the interpretation of                      on Belgian occupational disease pensions payable to persons
Articles 8(2) and (3) and 13(6) of Council Directive                        who do not reside in Belgium and are no longer subject to the
91/414/EEC of 15 July 1991 concerning the placing of plant                  Belgian social security scheme, the Kingdom of Belgium has
protection products on the market (OJ 1991 L 230, p. 1) —                   failed to fulfil its obligations under Article 13(2)(f) of Council
the Court, composed of: C. Gulmann (Rapporteur), President                  Regulation (EEC) No 1408/71 of 14 June 1971 on the
of the Chamber, J.-P. Puissochet and R. Schintgen, Judges;                  application of social security schemes to employed persons, to
P. Léger, Advocate General; L. Hewlett, Administrator, for the              self-employed persons and to members of their families
Registrar, has given a judgment on 3 May 2001, in which it                  moving within the Community, as amended and updated by
has ruled:                                                                  Council Regulation (EC) No 118/97 of 2 December 1996 (OJ
                                                                            1997 L 28, p. 1) — the Court (Sixth Chamber), composed
                                                                            of: C. Gulmann, President of the Chamber, V. Skouris, J.-
Article 8(3) of Council Directive 91/414/EEC of 15 July 1991
                                                                            P. Puissochet, R. Schintgen (Rapporteur) and N. Colneric,
concerning the placing of plant protection products on the market
                                                                            Judges; S. Alber, Advocate General; R. Grass, Registrar, has
does not apply where, pursuant to Article 8(2) of the directive, an
                                                                            given a judgment on 3 May 2001, in which it:
application is submitted to a Member State for first authorisation to
place on the market a generic plant protection product containing an
active substance not listed in Annex I to the abovementioned directive,     1.    Dismisses the application;
which is already on the domestic market two years after notification
of that directive, with the consequence that that Member State is not       2.    Orders the Commission of the European Communities to pay
under an obligation to assess such an application in accordance with              the costs;
the requirements laid down in Article 4(1)(b)(i) to (v), and (c) to (f),
of that directive.                                                          3.    Orders the Kingdom of the Netherlands to bear its own costs.
(1) OJ C 299 of 26.9.1998.                                                  (1) OJ C 340 of 7.11.1998.