CELEX: C2000/063/11
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court (Third Chamber) of 16 December 1999 in Case C-26/99: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 95/30/EC)

C 63/6                   EN                     Official Journal of the European Communities                                           4.3.2000
    by not transposing those directives with regard to mutual societies    2. The derogation laid down in Article 7(1)(a) of Directive
    governed by the Code de la Mutualité, the French Republic has              79/7/EEC is not applicable to a benefit such as that paid under
    failed to fulfil its obligations under the EC Treaty and under             Regulations 2(5), 2(6) and 3(1) of the Social Fund Winter Fuel
    those directives;                                                          Payment Regulations 1998.
2. Orders the French Republic to pay the costs.
                                                                           (1) OJ C 397 of 19.12.1998.
(1) OJ C 278 of 5.9.1998.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                             (Third Chamber)
                          (Sixth Chamber)                                                        of 16 December 1999
                       of 16 December 1999                                 in Case C-26/99: Commission of the European Communi-
                                                                                       ties v Grand Duchy of Luxembourg (1)
in Case C-382/98 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s                    (Failure by a Member State to fulfil its obligations — Failure
Bench Division (Divisional Court)): The Queen v Sec-                                       to transpose Directive 95/30/EC)
retary of State for Social Security, ex parte: John Henry
                               Taylor (1)
                                                                                                     (2000/C 63/11)
(Directive 79/7/EEC — Equal treatment for men and women
in matters of social security — Grant of a winter fuel                                         (Language of the case: French)
             payment — Link with pensionable age)
                           (2000/C 63/10)                                  (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: English)                        In Case C-26/99: Commission of the European Communities
                                                                           (Agents: P.J. Kuijper and N. Yerrell) v Grand Duchy of
In Case C-382/98: reference to the Court under Article 177 of              Luxembourg (Agent: P. Steinmetz) — application for a declar-
the EC Treaty (now Article 234 EC) from the High Court                     ation that, by failing to adopt and/or notify to the Commission
of Justice of England and Wales, Queen’s Bench Division                    the laws, regulations and administrative provisions necessary
(Divisional Court), United Kingdom, for a preliminary ruling               to comply with Commission Directive 95/30/EC of 30 June
in the proceedings pending before that court between The                   1995 adapting to technical progress Council Directive
Queen and Secretary of State for Social Security, ex parte: John           90/679/EEC on the protection of workers from risks related
Henry Taylor — on the interpretation of Articles 3 and 7(1)(a)             to exposure to biological agents at work (seventh individual
of Council Directive 79/7/EEC of 19 December 1978 on the                   Directive within the meaning of Article 16(1) of Directive
progressive implementation of the principle of equal treatment             89/391/EEC) (OJ 1995 L 155, p. 41), the Grand Duchy of
for men and women in matters of social security (OJ 1979 L 6,              Luxembourg has failed to fulfil its obligations under the
p. 24) — the Court (Sixth Chamber), composed of: R. Schintg-               EC Treaty — the Court (Third Chamber), composed of:
en, President of the Second Chamber, acting as President of                J.C. Moitinho de Almeida (Rapporteur), President of the
the Sixth Chamber, P.J.G. Kapteyn, G. Hirsch, H. Ragnemalm                 Chamber, C. Gulmann and J.-P. Puissochet, Judges; N. Fennelly,
(Rapporteur) and V. Skouris, Judges; J. Mischo, Advocate                   Advocate General; R. Grass, Registrar, has given a judgment
General; D. Louterman-Hubeau, Principal Administrator, for                 on 16 December 1999, in which it:
the Registrar, has given a judgment on 16 December 1999, in
which it has ruled:                                                        1. Declares that, by failing to adopt, within the prescribed period,
                                                                               the laws, regulations and administrative provisions necessary to
1. Article 3(1) of Council Directive 79/7/EEC of 19 December                   comply with Commission Directive 95/30/EC of 30 June 1995
    1978 on the progressive implementation of the principle of equal           adapting to technical progress Council Directive 90/679/EEC
    treatment for men and women in matters of social security must             on the protection of workers from risks related to exposure to
    be interpreted as meaning that a winter fuel payment, such as              biological agents at work (seventh individual Directive within the
    that made under Regulations 2(5), 2(6) and 3(1) of the Social              meaning of Article 16(1) of Directive 89/391/EEC), the Grand
    Fund Winter Fuel Payment Regulations 1998, is covered by that              Duchy of Luxembourg has failed to fulfil its obligations under
    directive.                                                                 Article 2(1) of that Directive;
 ---pagebreak--- 4.3.2000                 EN                     Official Journal of the European Communities                                             C 63/7
2. Orders the Grand Duchy of Luxembourg to pay the costs.                                     JUDGMENT OF THE COURT
(1) OJ C 86 of 27.3.1999.                                                                              (First Chamber)
                                                                                                   of 16 December 1999
                                                                           in Case C-137/99: Commission of the European Communi-
                                                                                                ties v Hellenic Republic (1)
                  JUDGMENT OF THE COURT
                                                                           (Failure by a Member State to fulfil its obligations — Failure
                                                                                             to transpose Directive 96/43/EC)
                           (Fifth Chamber)
                       of 16 December 1999                                                              (2000/C 63/13)
in Case C-47/99: Commission of the European Communi-
             ties v Grand Duchy of Luxembourg (1)                                                (Language of the case: Greek)
(Failure by a Member State to fulfil its obligations —
Directive 94/33/EC — Failure to transpose within the                       (Provisional translation; the definitive translation will be published
                          prescribed period)                                                    in the European Court Reports)
                            (2000/C 63/12)                                 In Case C-137/99: Commission of the European Communities
                                                                           (Agent: M. Condou-Durande) v Hellenic Republic (Agents:
                                                                           V. Kontolaimos and D. Tsagkaraki), application for a declar-
                     (Language of the case: French)                        ation that, by failing to adopt the laws, regulations and
                                                                           administrative provisions necessary in order to comply with
                                                                           Council Directive 96/43/EC of 26 June 1996 amending and
(Provisional translation; the definitive translation will be published     consolidating Directive 85/73/EEC in order to ensure financing
                    in the European Court Reports)                         of veterinary inspections and controls on live animals and
                                                                           certain animal products and amending Directives 90/675/EEC
In Case C-47/99: Commission of the European Communities                    and 91/496/EEC (OJ 1996 L 162, p. 1), the Hellenic Republic
(Agent: D. Gouloussis) v Grand Duchy of Luxembourg (Agent:                 has failed to fulfil its obligations under the EC Treaty and
P. Steinmetz) — application for a declaration that, by failing             under that directive — the Court (First Chamber), composed
to adopt, or by failing to communicate to the Commission,                  of: L. Sevón, President of the Chamber, P. Jann (Rapporteur)
within the prescribed period the laws, regulations and adminis-            and M. Wathelet, Judges; N. Fennelly, Advocate General;
trative provisions necessary to comply with Council Directive              R. Grass, Registrar, has given a judgment on 16 December
94/33/EC of 22 June 1994 on the protection of young people                 1999, in which it:
at work (OJ 1994 L 216, p. 12), the Grand Duchy of
Luxembourg has failed to fulfil its obligations under the EC               1. Declares that, by failing to adopt within the prescribed period the
Treaty and under the said directive — the Court (Fifth                         laws, regulations and administrative provisions necessary to
Chamber), composed of: D.A.O. Edward, President of the                         comply with the provisions referred to in the first subparagraph
Chamber, L. Sevón, P.J.G. Kapteyn (Rapporteur), P. Jann and                   of Article 4(1) of Council Directive 96/43/EC of 26 June 1996
H. Ragnemalm, Judges; A. Saggio, Advocate General; R. Grass,                   amending and consolidating Directive 85/73/EEC in order to
Registrar, has given a judgment on 16 December 1999, in                        ensure financing of veterinary inspections and controls on live
which it:                                                                      animals and certain animal products and amending Directives
                                                                               90/675/EEC and 91/496/EEC, the Hellenic Republic has failed
1. Declares that, by failing to adopt within the prescribed period all         to fulfil its obligations under that article;
     the laws, regulations and administrative provisions necessary to
     comply with Council Directive 94/33/EC of 22 June 1994 on
     the protection of young people at work, the Grand Duchy of            2. Dismisses the remainder of the action;
     Luxembourg has failed to fulfil its obligations under that
     directive;                                                            3. Orders the Hellenic Republic to pay the costs.
2. Orders the Grand Duchy of Luxembourg to pay the costs.
                                                                           (1) OJ C 188 of 3.7.1999.
(1) OJ C 100 of 10.4.1999.