CELEX: C2003/019/33
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-424/02: Action brought on 22 November 2002 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

25.1.2003              EN                     Official Journal of the European Communities                                       C 19/19
Pleas in law and main arguments                                          Pleas in law and main arguments
The Commission considers that it is the duty of the authorities          Article 249 EC, under which a directive shall be binding as to
of the United Kingdom to initiate, in due time, the procedures           the result to be achieved, upon each Member State, carries by
necessary for incorporating Directive 1999/31/EC into dom-               implication an obligation on the Member States to observe the
estic law so that such process is complete within the time limit         period for compliance laid down in the directive. That period
laid down, irrespective of the nature of such procedures, and            expired on 1 January 1990 without the United Kingdom of
to inform the Commission thereof.                                        Great Britain and Northern Ireland having enacted the pro-
                                                                         visions necessary to comply with the directive referred to in
                                                                         the conclusions of the Commission.
Since the United Kingdom has not informed the Commission
of the provisions adopted to comply fully with the Directive,
and since the Commission is in possession of no other
information enabling it to conclude that the United Kingdom              (1 ) OJ L 194, 25.07.1975, p. 23.
                                                                         (2 ) OJ L 42, 12.02.1987, p. 43.
has adopted the necessary provisions, it is compelled to assume
that the United Kingdom has not yet adopted such provisions
and has thus failed to fulfil its obligations under the Directive.
( 1) OJ L 182, 16.07.1999, p. 1.
                                                                         Reference for a preliminary ruling by the Cour Adminis-
                                                                         trative (Grand-Duché de Luxembourg) by judgment of
                                                                         that Court of 21 November 2002 in the appeal brought
                                                                         by Johanna Maria Boor, née Delahaye, against the Minister
Action brought on 22 November 2002 by the Com-                                   for Public Service and Administrative Reform
mission of the European Communities against the United
       Kingdom of Great Britain and Northern Ireland
                                                                                                  (Case C-425/02)
                         (Case C-424/02)
                                                                                                   (2003/C 19/34)
                          (2003/C 19/33)
                                                                         Reference has been made to the Court of Justice of the
An action against the United Kingdom of Great Britain and                European Communities by order of the Cour Administrative
Northern Ireland was brought before the Court of Justice of              (Grand-Duché de Luxembourg) (Administrative Court, Grand
the European Communities on 22 November 2002 by the                      Duchy of Luxembourg) of 21 November 2002, received at the
Commission of the European Communities, represented by                   Court Registry on 25 November 2002, for a preliminary ruling
X. Lewis and M. Konstantinidis, acting as agents, with an                in the appeal brought by Johanna Maria Boor, née Delahaye,
address for service in Luxembourg.                                       against the Minister for Public Service and Administrative
                                                                         Reform on the following question:
The Applicant claims that the Court should:
                                                                         Having regard to the provisions of Directives 77/187/EEC (1),
1)    declare that by failing to adopt the laws, regulations             98/50/EC (2) and 2001/23/EC (3) identified herein, in the event
      or administrative provisions necessary to comply with              of the transfer of an undertaking from a non-profit-making
      Article 3(1) of Council Directive 75/439/EEC requiring             association, which is a legal person under private law, to the
      Member States to take the measures necessary to give               State as transferee, is it permissible for the transferor’s rights
      priority to the processing of waste oils by regeneration (1),      and obligations to be taken over only in so far as they are
      as amended by Directive 87/101/EEC on waste oils ( 2) or,          compatible with the State’s own rules of public law, in
      in any event, by failing to notify such provisions to the          particular in the area of remuneration, where the detailed
      Commission, the United Kingdom of Great Britain and                provisions and amounts of compensation are laid down by
      Northern Ireland has failed to fully fulfil its obligations        grand ducal regulation, bearing in mind that the status of
      under that Directive;                                              public-sector employee confers legal benefits in the areas of,
                                                                         inter alia, career development and job stability on the staff
2)    order the United Kingdom of Great Britain and Northern             concerned, and that, in the event of disagreement as regards
      Ireland to pay the costs.                                          ‘substantial changes’ to the employment relationship within