CELEX: C2000/034/12
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 28 October 1999 in Case C-193/98 (reference for a preliminary ruling made by the Oberlandesgericht Köln): proceedings challenging an administrative fine brought by Alois Pfennigmann (Directive 93/89/EEC — Carriage of goods by road — Taxes on vehicles — Charges for the use of certain roads — Heavy goods vehicles)

5.2.2000                   EN                      Official Journal of the European Communities                                               C 34/7
     75/117/EEC of 10 February 1975 on the approximation of the               goods by road and tolls and charges for the use of certain
     laws of the Member States relating to the application of the             infrastructures (OJ 1993 L 279, p. 32) — the Court (Sixth
     principle of equal pay for men and women, and Article 4(1) of            Chamber), composed of: P.J.G. Kapteyn (Rapporteur), acting as
     Council Directive 79/7/EEC of 19 December 1987 on the                    President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
     progressive implementation of the principle of equal treatment           Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
     for men and women in matters of social security, regulations             Principal Administrator, for the Registrar, has given a judgment
     which impose conditions on married female workers which are              on 28 October 1999, the operative part of which is as follows:
     not imposed on their married male counterparts in respect of the
     grant to employees of family or marriage allowances, which are           In order to determine whether a motor vehicle or articulated vehicle
     taken into account in determining their income for the purposes          combination is intended exclusively for the carriage of goods by road,
     of calculating pension rights, the Hellenic Republic has failed to       within the meaning of the fourth indent of Article 2 of Council
     fulfil its obligations under the said provisions of Community law.       Directive 93/89/EEC of 25 October 1993 on the application by
                                                                              Member States of taxes on certain vehicles used for the carriage of
2. Orders the Hellenic Republic to pay the costs.                             goods by road and tolls and charges for the use of certain
                                                                              infrastructures, reference must be made to the general purpose for
                                                                              which that vehicle is intended, irrespective of the use to which it may
(1) OJ C 258 of 15.8.1998.
                                                                              be put in an individual case.
                                                                              (1) OJ C 234 of 25.7.1998.
                    JUDGMENT OF THE COURT
                            (Sixth Chamber)
                                                                                                JUDGMENT OF THE COURT
                          of 28 October 1999                                                          of 9 November 1999
in Case C-193/98 (reference for a preliminary ruling made                     in Case C-365/97: Commission of the European Communi-
by the Oberlandesgericht Köln): proceedings challenging                                             ties v Italian Republic (1)
 an administrative fine brought by Alois Pfennigmann (1)
                                                                              (Failure to fulfil obligations — Directives 75/442/EEC and
(Directive 93/89/EEC — Carriage of goods by road — Taxes                                   91/156/EEC — Management of waste)
on vehicles — Charges for the use of certain roads — Heavy
                              goods vehicles)
                                                                                                          (2000/C 34/13)
                             (2000/C 34/12)
                                                                                                   (Language of the case: Italian)
                      (Language of the case: German)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)                          In Case C-365/97: Commission of the European Communities
                                                                              (Agent: P. Stancanelli assisted by M. Merola) v Italian Republic
In Case C-193/98: reference to the Court under Article 177 of                 (Agents: Professor U. Leanza, assisted by P. G. Ferri) — Appli-
the EC Treaty (now Article 234 EC) by the Oberlandesgericht                   cation for a declaration that by not applying correctly and in
Köln (Higher Regional Court, Cologne) (Germany) for a                         full, in regard to the San Rocco riverbed, Council Directive
preliminary ruling in the proceedings challenging an adminis-                 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
trative fine brought by Alois Pfennigmann and pending before                  the Italian Republic has failed to fulfil its obligations under the
that court — on the interpretation of Article 2(1) of the                     EC Treaty and under Articles 4, 5, 7 (first indent) and 10 of
Agreement of 9 February 1994 between the Governments of                       Directive 75/442 or the corresponding provisions, as amended
the Federal Republic of Germany, the Kingdom of Belgium,                      by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991
the Kingdom of Denmark, the Grand Duchy of Luxembourg                         L 78, p. 32) — the Court, composed of G.C. Rodriguez Iglesias,
and the Kingdom of the Netherlands on the levying of                          President, J.C. Moitinho de Almeida, D.A.O. Edward and
charges for the use of certain roads by heavy goods vehicles                  R. Schintgen, (Presidents of Chambers), P.J.G. Kapteyn,
(Bundesgesetzblatt [Federal Gazette] 1994, Part II, p. 1768) and              J.-P. Puissochet, G. Hirsch, P. Jann and H. Ragnemalm (Rappor-
of the fourth indent of Article 2 of Council Directive                        teur), Judges, Advocate General: J. Mischo, L. Hewlett, Adminis-
93/89/EEC of 25 October 1993 on the application by Member                     trator, for the Registrar, has given a judgment on 9 November
States of taxes on certain vehicles used for the carriage of                  1999, in which it: