CELEX: C1996/269/32
Language: en
Date: 1996-09-14 00:00:00
Title: Action brought on 12 July 1996 by the Commission of the European Communities against the Kingdom of Belgium (Case C-244/96)

14 . 9 . 96           EN                    Official Journal of the European Communities                                 No C 269/ 15
pilot studies or preparatory action because it amounted to             Action brought on 12 July 1996 by the Commission of the
the initiation of substantive action, and exceeded the powers           European Communities against the Kingdom of Belgium
of initiative of the Commission . The invitation was also
                                                                                                  Case C-243/96 )
unsupported by adequate reasoning.
                                                                                                   ( 96/C 269/31 )
It follows that the decision to seek applications for grants
                                                                       An action against the Kingdom of Belgium was brought
comprised in or referred to by implication in the                      before the Court of Justice of the European Communities on
Commission 's memorandum should be annulled for lack of
                                                                       12 July 1996 by the Commission of the European
competence, infringement of an essential procedural
                                                                       Communities, represented by Xavier Lewis, acting as Agent,
requirement, and infringement of the Treaty .
                                                                       with an address for service in Luxembourg at the office of C.
                                                                       Gomez de la Cruz, Wagner Centre .
                                                                       The Commission of the European Communities claims that
                                                                       the Court should :
                                                                       — declare that, by failing to bring into force within the
Action brought on 11 July 1996 by the Commission of the                      prescribed period the laws, regulations and
   European Communities against the Hellenic Republic                        administrative provisions necessary to comply with
                                                                             Commission Directive 93/62/EEC (') of 5 July 1993
                         ( Case C-241 /96 )                                  setting out the implementing measures concerning
                           ( 96/C 269/30 )                                   the supervision and monitoring of suppliers and
                                                                             establishments pursuant to Council Directive
                                                                             92/33/EEC ( 2 )    on     the    marketing of  vegetable
An action against the Hellenic Republic was brought before                   propagating and planting material other than seed
the Court of Justice of the European Communities on                          and/or failing to communicate them to the Commission ,
11 July 1996 by the Commission of the European                               the Kingdom of Belgium has failed to fulfil its
Communities, represented by Maria Kontou-Durande , of                        obligations under Article 6 of the abovementioned
its Legal Service, with an address for service in Luxembourg                 Directive and also under the EC Treaty,
at the office of Carlos Gomez de la Cruz, of its Legal Service,
Wagner Centre, Kirchberg.                                              — order the Kingdom of Belgium to pay the costs .
                                                                       Pleas in law and main arguments adduced in support:
The applicant claims that the Court should :
                                                                       The pleas in law and main arguments are similar to those put
— declare that, by failing to adopt and bring into force               forward in Case C-236/96 ( 3 ); the time limit set by the
     within the prescribed period the laws, regulations or             Directive expired on 30 June 1994 .
     administrative provisions necessary to comply with
     Council Directive 92/66/EEC of 14 July 1992                       (') OJ No L 250, 7. 10 . 1993 , p . 29 .
     introducing Community measures for the control of                 ( 2 ) OJ No L 157, 10 . 6 . 1992 , p . 1 .
     Newcastle disease ( 1 ), or notify the Commission thereof,        ( 3 ) See page 11 of this Official Journal .
     the Hellenic Republic has failed to fulfil its obligations
     under the Treaty and that Directive,
— order the Hellenic Republic to pay the costs .
                                                                       Action brought on 12 July 1996 by the Commission of the
Pleas in law and main arguments adduced in support:                      European Communities against the Kingdom of Belgium
                                                                                                 ( Case C-244/96 )
The mandatory nature of the provisions of the third                                                ( 96/C 269/32 )
paragraph of Article 189 and the first paragraph of Article 5
of the EC Treaty requires Member States to adopt the                   An action against the Kingdom of Belgium was brought
measures necessary to transpose directives addressed to                before the Court of Justice of the European Communities on
them into their domestic law before the expiry of the period
                                                                        12 July 1996 by the Commission of the European
prescribed for doing so and forthwith to inform the                    Communities, represented by Xavier Lewis , acting as Agent,
Commission thereof. The Hellenic Republic has not notified             with an address for service in Luxembourg at the office of C.
the Commission of any laws, regulations or administrative              Gomez de la Cruz, Wagner Centre .
provisions necessary to bring domestic law into line with the
Directive .
                                                                       The Commission of the European Communities claims that
                                                                       the Court should :
(') OJ No L 260 , 5 . 9 . 1992 , p . 1 .
                                                                       — declare that, by failing to bring into force within the
                                                                             prescribed period the laws, regulations and
                                                                             administrative provisions necessary to comply with :
 ---pagebreak--- No C 269/ 16           EN                    Official Journal of the European Communities                                         14 . 9 . 96
     ( a ) Commission Directive 93/63/EEC ( ) of 5 July 1993            Pleas in law and main arguments adduced in support:
           setting out the implementing measures concerning
           the supervision and monitoring of suppliers and              Article 189 of the EC Treaty, in providing that a directive is
           establishments pursuant to Council Directive                 binding, as to the result to be achieved, upon the Member
           91 /682/EEC ( 2 ) on the marketing of ornamental             State to which it is addressed, places Member States under
           plant propagating material and ornamental plants             an obligation to comply with the time limits set by directives
           and/or failing to communicate them to the                    for their implementation. In the present case, when the time
           Commission ;                                                 limit expired on 1 January 1993 , the Italian Republic had
                                                                        not taken the steps necessary to comply with Directive
     ( b ) Commission Directive 93/78/EEC of 21 September               92/42/EEC .
           1993 setting out additional implementing
           provisions for lists of varieties of ornamental plant
                                                                        (') OJ No L 167, 22 . 6 . 1992 , p . 17.
           propagating material and ornamental plants, as
           kept by suppliers under Council Directive
           91 /682/EEC ( 3 ) and/or failing to communicate them
           to the Commission,
     the Kingdom of Belgium has failed to fulfil its
     obligations under Article 6 of Directive 93/63/EEC and
     Article 3 of Directive 93/68 /EEC and also under the EC            Reference for a preliminary ruling by the Office of the
     Treaty,                                                            Industrial Tribunals and the Fair Employment Tribunal, by
                                                                        reference of that court of 9 July 1996, in the Case of
— order the Kingdom of Belgium to pay the costs .                       Mrs Mary Teresa Maggorian and Mrs Irene Patricia
                                                                        Cunningham against the Eastern Health and Social Services
                                                                         Board and the Department of Health and Social Services
Pleas in law and main arguments adduced in support:
                                                                                                 ( Case C-246/96 )
The pleas in law and main arguments are similar to those put                                       ( 96/C 269/34 )
forward in Case C-236/96 (4 ); the time limit set by the
Directive expired on 30 June 1994 .
                                                                        Reference has been made to the Court of Justice of the
(')  OJ No L 250 , 7 . 10 . 1993 , p. 31 .
                                                                        European Communities by order of the Office of the
(2)  OJ No L 276 , 31 . 10 . 1991 , p. 21 .                             Industrial Tribunals and the Fair Employment Tribunal of
(?)  OJ No L 256 , 14 . 10 . 1993 , p. 19 .                             9 July 1996 , which was received at the Court Registry on
(4 ) See page 11 of this Official Journal .                             17 July 1996 , for a preliminary ruling in the case of
                                                                        Mrs Mary Teresa Maggorian and Mrs Irene Patricia
                                                                        Cunningham against the Eastern Health and Social Services
                                                                        Board and the Department of Health and Social Services, on
                                                                        the following questions :
Action brought on 12 July 1996 by the Commission of the                 In circumstances where :
     European Communities against the Italian Republic
                           Case C-245 /96 )                             ( a ) a worker has been employed by a health board which is
                            ( 96/C 269/33 )                                   part of the State, in employment concerned with the
                                                                              care of the mentally ill to which an occupational
An action against the Italian Republic was brought before                     pension scheme applies;
the Court of Justice of the European Communities on
12 July 1996 by the Commission of the European                          ( b ) the worker has at all material times either been a
Communities, represented by Antonio Aresu of its Legal                        member or been eligible to be a member of the pension
Service, acting as Agent, with an address for service in                      scheme;
Luxembourg at the office of C. Gomez de la Cruz, Wagner
Centre, rue Alcide de Gasperi .                                         ( c ) the pension scheme contains a term according to which
                                                                              those who work full time and devote all or substantially
The applicant claims that the Court should :                                  all their working hours to the care of the mentally ill
                                                                              ( who are described as ' Mental Health Officers ') are
— declare that, by not communicating the laws, regulations                    entitled to additional benefits not available to those
     and administrative provisions necessary to comply with                   doing the same work part time, as follows : 'where a
      Council Directive 92/42/EEC of 21 May 1992 on                           person has reached or passed the age of 50 and has
     efficiency requirements for new hot-water boilers fired                  worked as a Mental Health Officer for 20 years ( here
     with liquid or gaseous fuels ('), or by not adopting the                 referred to as the 'qualifying service') and continues to
     necessary implementing measures, the Italian Republic                    work as a Mental Health Officer, then :
     has failed to fulfil its obligations under that Directive ,
                                                                                ( i ) their subsequent service is reckoned for pension
— order the Italian Republic to pay the costs of the                                  purposes at twice its length ( here referred to as the
     proceedings .                                                                    'double-time service'); and