CELEX: C1995/268/19
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 August 1995 in Case C-240/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Non-transposition of Directives 89/336/EEC and 92/31/EEC - Electromagnetic compatibility)

14 . 10 . 95            EN                  Official Journal of the European Communities                                No C 268/9
Mary Connell and Margaret Nicholas on the interpretation               persons and to members of their families moving within the
of Article 7 ( 1 ) ( a ) of Council Directive 79/7/EEC of              Community, as amended and updated by Council
19 December 1978 on the progressive implementation of                  Regulation ( EEC ) No 2001 /83 ( OJ No L 230, p . 6 ), and
the principle of equal treatment for men and women in                  Articles 12 ( 2 ) and 46a of that Regulation, as amended by
matters of social security ( OJ No L 6 , p . 24 ) — the Court          Council Regulation ( EEC ) No 1248/92 ( OJ No L 136 , p . 7 )
( Sixth Chamber ), composed of: F. A. Schockweiler                     — the Court ( First Chamber ), composed of: P. Jann,
( Rapporteur ), President of the Chamber, P. J. G. Kapteyn,            President of the Chamber, D. A. O. Edward ( Rapporteur )
C. N. Kakouris, J. L. Murray and H. Ragnemalm, Judges;                 and L. Sevôn, Judges; C. O. Lenz, Advocate-General; R.
C. O. Lenz, Advocate-General; D. Louterman-Hubeau,                     Grass, Registrar, has given a judgment on 11 August 1995 ,
Administrator, for the Registrar, has given a judgment on              in which it rules :
11 August 1995 , in which it rules :
                                                                       a retirement pension granted under the legislation of one
where, pursuant to Article 7 ( 1 ) (a) of Council Directive            Member State, on the basis of periods of insurance
79/7/EEC of 19 December 1978 on the progressive                        personally completed in that State by the person concerned,
implementation of the principle of equal treatment for men             and a retirement pension obtained under the legislation of
and women in matters ofsocial security, a Member State has             another Member State by that person as a divorcee, on the
set the pensionable age for women at 60 and that for men at            basis of periods of insurance completed by that person's
65, that provision also allows it, first, to provide that the          former spouse, are not benefits of the same kind within the
rate of invalidity pension payable to persons becoming                 meaning of Article 12 (2) of Regulation (EEC) No 1408/71
incapacitated for work before they reach pensionable age is            of the Council of 14 June 1971 on the application of social
to be limited to the actual rate of retirement pension from            security schemes to employed persons, to self-employed
the age of 60 in the case of women and from the age of 65 in           persons and to members of their families moving within the
the case of men and, second, to reserve entitlement to                 Community, as amended and updated by Council
invalidity allowance, paid in addition to invalidity pension,          Regulation (EEC) No 2001 /83 of 2 June 1983, and
to those persons who are aged under 55, in the case of                 Articles 12 (2) and 46a of Regulation (EEC) No 1408/71 , as
women, and under 60, in the case of men, at the time when              amended by Council Regulation (EEC) No 1248/92 of
they first become incapacitated for work .                             30 April 1992 .
 (') OJ No C 146 , 28 . 5 . 1994 .                                     (') OJ No C 132 , 14 . 5 . 1994 .
                JUDGMENT OF THE COURT
                                                                                      JUDGMENT OF THE COURT
                         ( First Chamber)
                                                                                               ( Fifth Chamber)
                        of 11 August 1995
                                                                                             of 11 August 1995
 in Case C-98/94 ( reference for a preliminary ruling from the
 Arbeidsrechtbank Antwerpen ): Christel Schmidt v.                      in   Case   C-240/94 : Commission of the            European
                 Rijksdienst voor Pensioenen ( ] )                                        Communities v. Ireland (*)
  (Regulation (EEC) No 1408/71 — Social security —                      (Failure to fulfil obligations — Non-transposition of
 National rules against overlapping — Benefits of the same              Directives 89/336/EEC and 92/31/EEC — Electromagnetic
                                 kind)                                                            compatibility)
                            ( 95/C 268/18 )                                                       ( 95/C 268/ 19 )
                   (Language of the case: Dutch)                                        (Language of the case: English)
  In Case C-98/94 : reference to the Court under Article 177 of         In    Case   C-240/94 :      Commission    of the   European
  the EC Treaty by the Arbeidsrechtbank Antwerpen                        Communities (agents: Thomas F. Cusack and David
  ( Belgium ) for a preliminary ruling in the proceedings               Mclntyre) against Ireland ( agent: Michael A. Buckley) —
  pending before that court between Christel Schmidt and                 application for a declaration that, by omitting to bring into
  Rijksdienst voor Pensioenen on the interpretation of                   force the laws, regulations and administrative provisions
  Articles 12 ( 2 ) and 46 of Regulation ( EEC) No 1408/71 of            necessary to comply with Council Directive 89/336/EEC of
  the Council of 14 June 1971 on the application of social               3 May 1989 on the approximation of the laws of the
  security schemes to employed persons, to self-employed                 Member States relating to electromagnetic compatibility
 ---pagebreak--- No C 268/10           PEN ]                 Official Journal of the European Communities                                    14 . 10 . 95
 ( OJ No L 139, p . 19 ), and Council Directive 92/31/EEC               1 . declares that, by failing to adopt within the prescribed
amending Directive 89/336/EEC ( OJ No L 126, p. 11 ),                       period the laws, regulations and administrative
Ireland has failed to fulfil its obligations under Article 12(1 )           measures needed to comply with Council Directive
and Article 2 ( 1 ) of the abovementioned directives and                    91 /263/EEC of 29 April 1991 on the approximation of
Article 189 of the EC Treaty — the Courth ( Fifth Chamber),                 the laws of the Member States concerning
composed of: C. Gulmann, President of the Chamber, P.                       telecommunications terminal equipment, including the
Jann, J. C. Moitinho de Almeida, D. A. O. Edward and L.                     mutual recognition of their conformity, the Hellenic
Sévon ( Rapporteur ), Judges; G. Cosmas, Advocate-General;                  Republic has failed to fulfil its obligations under the EC
R. Grass , for the Registrar, has given a judgment on                       Treaty;
 11 August 1995 , in which it:
                                                                       2 , orders the Hellenic Republic to pay the costs.
 1 . declares that, by omitting to bring into force the laws,          (') OJ No C 316 , 12 . 11 . 1994 .
     regulations and administrative provisions necessary to
     comply with Council Directive 89/336/EEC of 3 May
     1989 on the approximation of the laws of the Member
     States relating to electromagnetic compatibility and
     Council Directive 92/31 /EEC of 28 April 1992
     amending Directive 89/336/EEC, Ireland has failed to             Action brought on 2 July 1995 by Giorgio Bernardi against
     fulfil its obligations under Article 12 (1 ) and Article 2 (1 )                     the European Parliament
     of the abovementioned directives and Article 1 89 of the                                 ( Case C-228/95 )
     EC Treaty;
                                                                                                 ( 95/C 268/21 )
2 , orders Ireland to pay the costs.
                                                                      An action against the European Parliament was brought
                                                                       before the Court of Justice of the European Communities on
(') OJ No C 288 , 15 . 10 . 1994 .                                    2 July 1995 by Giorgio Bernardi, represented by Giancarlo
                                                                      Lattanzi, of the Massa-Carrara Bar ( Italy ), with an address
                                                                      for service in Luxembourg at 33 Rue Godchaux .
                                                                      The applicant claims inter alia that the Court should annul
                                                                      the notice entitled ' Call for nominations for the office of
                                                                      Ombudsman' ( ! ), and all acts connected with it or adopted
                 JUDGMENT OF THE COURT                                as a consequence .
                         ( Sixth Chamber)
                        of 11 August 1995                             By order of 1 1 July 1995, pursuant to Article 47 of the EC
                                                                      Statute of the Court of Justice, the Court referred that action
in Case C-260/94 : Commission of the European                         to the Court of First Instance .
              Communities v. Hellenic Republic ( 1 )
(Provisional translation; the definitive translation will be           C ) OJ No C 127, 23 . 5 . 1995 , p . 4 .
          published in the European Court Reports)
                           ( 95/C 268/20 )
                  (Language of the case: Greek)
                                                                      Reference for a preliminary ruling by the Diikitiko
                                                                      Protodikio (Administrative Court of First Instance ), Athens,
In Case C-260/94: Commission of the European                          by a decision of that court of 24 May 1995 in the case of P.
Communities ( agents : Dimitrios Gouloussis and Anders                Moskof v. Ethnikos Organismos Kapnou (National
Christian Jessen ) v. Hellenic Republic (agents : Panagiotis                                  Tobacco Board )
Mylonopoulos and Ioanna Kiki ) — application for a
                                                                                              ( Case C-244/95 )
declaration that, by failing to adopt, and alternatively by
failing to notify to the Commission, within the periods                                            95/C 268/22 )
prescribed the laws, regulations and administrative
measures needed to comply with Council Directive                      Reference has been made to the Court of Justice of the
91 /263/EEC of 29 April 1991 on the approximation of the              European Communities by a decision of the Administrative
laws of the Member States concerning telecommunications               Court of First Instance, Athens, of 24 March 1995 , which
terminal equipment, including the mutual recognition of               was received at the Court Registry on 12 July 1995 , for a
their conformity ( OJ No L 128 , p. 1 ), the Hellenic Republic        preliminary ruling in the case of P. Moskof A. E. v. Ethnikos
has failed to fulfil its obligations under the EC Treaty —            Organismos Kapnou on the validity of Commission
Court ( Sixth Chamber ), composed of: F. A. Schockweiler,             Regulation ( EEC ) No 3477/93 ( x ) inasmuch as it concerns
President of the Chamber, P. J. G. Kapteyn, G. F. Mancini             the agricultural conversion rates to be applied to the
( Rapporteur ), C. N. Kakouris and G. Hirsch, Judges; C. O.           premium for tobacco from the 1992 and previous harvests
Lenz, Advocate-General; R. Grass, Registrar, has given a              which was taken out of supervision from 1 July 1993 and
judgment on 11 August 1995 , the operative part of which is           subsequently. Doubt is cast on the validity of Regulation
as follows :                                                           ( EEC ) No 3477/93 on the following grounds :