CELEX: C1999/188/29
Language: en
Date: 1999-07-03 00:00:00
Title: Case C-122/99 P: Appeal brought on 13 April 1999 by D against the judgment delivered on 28 January 1999 by the Second Chamber of the Court of First Instance of the European Communities in Case T-264/97 between D, supported by the Kingdom of Sweden, and the Council of the European Union

3.7.1999              EN                   Official Journal of the European Communities                                           C 188/13
2. order the Hellenic Republic to pay the costs.                      — Failure to provide an adequate statement of reasons for the
                                                                           judgment: the Court of First Instance was unable, without
                                                                           running up against the appellant’s arguments, to reject the
Pleas in law and main arguments                                            plea concerning the unique nature of a person’s status,
                                                                           which is a separate plea from that of breach of the principle
                                                                           of equal treatment.
The Member States are required by the binding character of
the third paragraph of Article 189 and of Article 5 of the EC         — Disregard of the principle of conferred powers: neither the
Treaty to adopt the measures needed to transpose directives                Community legislature nor the Community institutions
into national law before the expiry of the period laid down for            may fix, alter or interpret the civil status of officials in their
that purpose and to communicate those measures immediately                 service.
to the Commission. That period expired on 31 July 1997
without the Hellenic Republic having communicated to the
Commission the provisions transposing the directive at issue          — Breach of the principle of the unique nature of the personal
into national law.                                                         status of Community nationals: the appellant’s personal
                                                                           status is governed by Swedish law, according to which a
                                                                           registered partner is to be regarded as a married person.
(1) OJ No L 169, 27.6.1997, p. 72.
                                                                      — Breach of the principles of freedom of movement for
                                                                           workers, equal treatment and non-discrimination.
                                                                      — Infringement of Article 8 of the European Convention on
                                                                           Human Rights: the protection of a person’s private life
                                                                           entails recognition of the existence and effects of a lawfully
                                                                           acquired civil status. The Court of First Instance was wrong
                                                                           to refer to the judgment in Grant (1), since that case
Appeal brought on 13 April 1999 by D against the                           concerned a relationship which was not formally recog-
judgment delivered on 28 January 1999 by the Second                        nised.
Chamber of the Court of First Instance of the European
Communities in Case T-264/97 between D, supported by
the Kingdom of Sweden, and the Council of the European
                                                                      (1) Jugdment of the Court of Justice of 17 February 1998 in Case
                             Union                                        C-249/96.
                       (Case C-122/99 P)
                        (1999/C 188/29)
An appeal against the judgment delivered on 28 January 1999
by the Second Chamber of the Court of First Instance of
the European Communities in Case T-264/97 between D,                  Action brought on 13 April 1999 by the Commission of
supported by the Kingdom of Sweden, and the Council of the            the European Communities against the Hellenic Republic
European Union was brought before the Court of Justice of the
European Communities on 13 April 1999 by D, represented by
Jean-Noël Louis, Gréta-Françoise Parmentier and Véronique                                       (Case C-123/99)
Peere, lawyers, with an address for service in Luxembourg at
the offices of Fiduciaire Myson SARL, 30 Rue de Cessange.
                                                                                               (1999/C 188/30)
The appellant claims that the Court should:
                                                                      An action against the Hellenic Republic was brought before
— set aside the judgment of the Court of First Instance of the        the Court of Justice of the European Communities on 13 April
    European Communities (Second Chamber) of 28 January               1999 by the Commission of the European Communities,
    1999 in Case T-264/97 D, supported by the Kingdom of              represented by Maria Kondou-Durande, of its Legal Service,
    Sweden, v Council of the European Union                           with an address for service in Luxembourg at the office of
                                                                      Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
— order the respondent to pay the costs of both sets of               Kirchberg.
    proceedings.
                                                                      The Commission claims that the Court should:
Pleas in law and main arguments                                       1. declare that, by not communicating the laws, regulations
                                                                           and administrative provisions necessary to comply with
— The Court of First Instance unlawfully altered the subject-              European Parliament and Council Directive 94/62/EC (1)
    matter of the action by confining itself to an examination             of 20 December 1994 on packaging and packaging waste,
    of the question whether it was legally open to the Council,            or by not adopting the necessary measures to comply
    by way of an autonomous interpretation, to treat a                     therewith, the Hellenic Republic has failed to fulfil its
    registered partnership as equivalent to a marriage.                    obligations under the Treaty and that directive;