CELEX: C1997/074/12
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 23 January 1997 in Case C-246/95 (reference for a preliminary ruling from the Conseil d'Etat of the Kingdom of Belgium): Myrianne Coen v. Belgian State (Temporary staff - Recruitment procedure - Member States invited to propose candidates - Actions before the national courts)

8 . 3 . 97           I EN 1                  Official Journal of the European Communities                                     No C 74/7
     accordance with Article 8 (1 ) (b) of Regulation (EEC)                              JUDGMENT OF THE COURT
      No 1768/92, an application for a certificate must not                                       ( Sixth Chamber)
      be refused on that ground alone.
                                                                                                of 23 January 1997
H OJ No C 208 , 12 . 8 . 1995 .                                                 in Case C-3 14/95 Commission of the European
                                                                                        Communities v. Italian Republic ( 1 )
                                                                        (Failure by a Member State to fulfil its obligations —
                                                                        Failure to transpose directives concerning public health
                                                                                       and animal health into national law)
                                                                                                      97/C 74/ 13 )
               JUDGMENT OF THE COURT
                        ( Second Chamber)                                                 (Language of the case: Italian)
                       of 23 January 1997
in Case C-246/95 (reference for a preliminary ruling from                 (Provisional translation; the definitive translation will be
the Conseil d'Etat of the Kingdom of Belgium): Myrianne                             published in the European Court Reports)
                    Coen v. Belgian State ( ! )
(Temporary staff — Recruitment procedure — Member                       In Case C-314/95 : Commission of the European
States invited to propose candidates — Actions before the               Communities (Agent: Eugenio de March) v. Italian
                           national courts)                             Republic ( Agent: Umberto Leanza assisted by Pier Giorgio
                                                                        Ferri ) — application for a declaration that, by not
                             ( 97/C 74/ 12 )                            adopting within the prescribed periods the laws,
                                                                        regulations and administrative provisions necessary to
                                                                        comply with Council Directives 92/45/EEC ( OJ No L 268 ,
                 (Language of the case: French)                         14 . 9 . 1992, p. 35 ), 92/46/EEC ( OJ No L 268 , 14 . 9 .
                                                                        1992, p. 1 ), 92/65/EEC ( OJ No L 268 , 14 . 9. 1992, p. 54 ),
                                                                        92/88/EEC ( OJ No L 321 , 6 . 11 . 1992, p . 24 ), 92/ 116/
                                                                        EEC ( OJ No L 62, 15 . 3 . 1993 , p . 1 ), 92/117/EEC ( OJ No
   (Provisional translation; the definitive translation will be         L 62, 15 . 3 . 1993 , p. 38 ) and 92/118/EEC ( OJ No L 62,
           published in the European Court Reports)                     15 . 3 . 1993 , p. 49 ), the Italian Republic has failed to fulfil
                                                                        its obligations under those Directives and under the EC
                                                                        Treaty — the Court ( Sixth Chamber ), composed of: G. F.
                                                                        Mancini, President of the Chamber, J. L. Murray, C. N.
In Case C-246/95 : reference to the Court under Article 177             Kakouris ( Rapporteur ), G. Hirsch and H. Ragnemalm,
of the EC Treaty from the Conseil d'Etat of the Kingdom                 Judges; D. Ruiz-Jarabo Colomer, Advocate-General; H.
of Belgium for a preliminary ruling in the proceedings                  von Holstein, Administrator for the Registrar, has given a
pending before that court between Myrianne Coen and                     judgment on 23 January 1997 in which it:
Belgian State — on the interpretation of Article 179 of the
EC Treaty and of the Staff Regulations of Officials of the
European Communities — the Court ( Second Chamber),                     1 . declares that, by not adopting within the prescribed
composed of: G. F. Mancini, President of the Chamber, G.                     periods the laws, regulations and administrative
Hirsch and R. Schintgen ( Rapporteur), Judges; N.                            provisions necessary to comply with :
Fennelly, Advocate-General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on
                                                                             — Council Directive 92/45/EEC of 16 June 1992 on
23 January 1997, in which it has ruled:
                                                                                  public health and animal health problems relating
                                                                                   to the killing of wild game and the placing on the
                                                                                   market of wild-game meat,
Article 1 79 of the EC Treaty and Articles 90 and 91 of
the Staff Regulations are to be interpreted as meaning that
                                                                             — Council Directive 92/46/EEC of 16 June 1992
the periods which those provisions prescribe for
                                                                                   laying down the health rules for the production
 challenging a decision of the Commission cannot be
                                                                                  and placing on the market of raw milk, heat­
caused to run afresh by a judgment given by a court of a
                                                                                   treated milk and milk-based products,
Member State finding an act of that State unlawful, where
 the act in question may have influenced the Commission
 decision which is to be challenged.                                         — Council Directive 92/65/EEC of 13 July 1992
                                                                                   laying down animal health requirements governing
                                                                                   trade in and imports into the Community of
 (') OJ No C 248 , 23 . 9 . 1995 .
                                                                                   animals, sperm, ova and embryos not subject to
                                                                                   animal health requirements laid down in specific
                                                                                   Community rules referred to in Annex A (I) to
                                                                                   Directive 90/425/EEC,