CELEX: C2000/163/26
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-120/00: Action brought on 29 March 2000 by the Commission of the European Communities against the French Republic

10.6.2000                 EN                   Official Journal of the European Communities                                       C 163/15
2. Does the fact that that institution responsible for the social         Pleas in law and main arguments
     security of self-employed workers of a Member State of
     the EC applied Article 95a(5) of Regulation (EEC) No
                                                                          The pleas in law and main arguments raised are similar to
     1408/71 in the situation described in the first question
     constitute, in the circumstances in which it was applied, a          those set out in Case C-105/00 (2); the implementation period
                                                                          set by the directive expired on 30 December 1998.
     serious infringement of Community law within the mean-
     ing of the case-law of the CJEC where that institution has
     already infringed Regulation (EEC) No 1408/71 (Articles
                                                                          (1) OJ L 202 of 30.7.1997, p. 60.
     12 and 46), as stated in the judgment of the CJEC of                 (2) See p. 10 of this Official Journal.
     2 August 1993 in a similar case and the social security
     institution recognises that fact in the proceedings and the
     court hearing the case has given a ruling to that effect by
     judgment of 10 February 1999 and where, following
     correspondence between the Commission of the European
     Communities and the Member State, the Minister respon-
     sible for the national social security institution asked the
     latter to regularise the situation of the migrant worker and
     that institution acceded to that request by applying the             Action brought on 29 March 2000 by the Commission of
     abovementioned Article 95a(5)?                                        the European Communities against the French Republic
(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on                                    (Case C-120/00)
    the application of social security schemes to employed persons
    and their families moving within the Community (OJ English
    special edition, 1971 (II) p. 416).                                                              (2000/C 163/26)
                                                                          An action against the French Republic was brought before the
                                                                          Court of Justice of the European Communities on 29 March
                                                                          2000 by the Commission of the European Communities,
                                                                          represented by Karen Banks, Legal Adviser, acting as Agent,
                                                                          with an address for service in Luxembourg at the office of
                                                                          Carlos Gómez de la Cruz, of the Commission’s Legal Service,
Action brought on 29 March 2000 by the Commission of                      Wagner Centre, Kirchberg.
the European Communities against the Grand-Duchy of
                             Luxembourg
                                                                          The Commission of the European Communities claims that
                                                                          the Court should:
                           (Case C-119/00)
                                                                          — Declare that, by failing to adopt the laws, regulations
                           (2000/C 163/25)                                     and administrative provisions necessary to comply with
                                                                               Directive 97/36/EC of the European Parliament and of the
                                                                               Council of 30 June 1997 amending Council Directive
An action against the Grand-Duchy of Luxembourg was
                                                                               89/552/EEC on the coordination of certain provisions laid
brought before the Court of Justice of the European Communi-
                                                                               down by law, regulation or administrative action in
ties on 29 March 2000 by the Commission of the European
                                                                               Member States concerning the pursuit of television broad-
Communities, represented by Karen Banks, Legal Adviser,
                                                                               casting activities (1) and/or by failing to inform the Com-
acting as Agent, with an address for service in Luxembourg at
                                                                               mission thereof, the French Republic has failed to fulfil its
the office of Carlos Gómez de la Cruz, of the Commission’s
                                                                               obligations under that directive;
Legal Service, Wagner Centre, Kirchberg.
                                                                          — Order the French Republic to pay the costs.
The Commission of the European Communities claims that
the Court should:
                                                                          Pleas in law and main arguments
— Declare that, by failing to adopt the laws, regulations
     and administrative provisions necessary to comply with
     Directive 97/36/EC of the European Parliament and of the             The pleas in law and main arguments raised are similar to
     Council of 30 June 1997 amending Council Directive                   those set out in Case C-119/00 (2); the implementation period
     89/552/EEC on the coordination of certain provisions laid            set by the directive expired on 30 December 1998.
     down by law, regulation or administrative action in
     Member States concerning the pursuit of television broad-
     casting activities (1) and/or by failing to inform the Com-          (1) OJ L 202 of 30.7.1997, p. 60.
     mission thereof, the Grand-Duchy of Luxembourg has                   (2) See p. 15 of this Official Journal.
     failed to fulfil its obligations under that directive;
— Order the Grand-Duchy of Luxembourg to pay the costs.