CELEX: C2000/233/17
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 25 May 2000 in Case C-384/97 Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Water pollution — Obligation to adopt programmes in order to reduce pollution caused by certain dangerous substances — Failure to transpose Directive 76/464/EEC)

12.8.2000                EN                     Official Journal of the European Communities                                                C 233/9
Judges; A. Saggio, Advocate General; L. Hewlett, Administrator,            obligations under the EC Treaty and Article 7 of Directive
for the Registrar, has given a judgment on 23 May 2000, in                 76/464 — the Court (Sixth Chamber) composed of: R. Schint-
which it has ruled:                                                        gen, President of the Second Chamber, P.J.G. Kapteyn,
                                                                           G. Hirsch (Rapporteur), H. Ragnemalm and V. Skouris, Judges;
The derogation provided for in Article 7(1)(a) of Council Directive        P. Léger, Advocate General; L. Hewlett, Administrator, for the
79/7/EEC of 19 December 1978 on the progressive implementation             Registrar, has given a judgment on 25 May 2000 in which it:
of the principle of equal treatment for men and women in matters of        1.    Declares that, by failing to adopt pollution reduction program-
social security must be interpreted as applying to a benefit, such as            mes including quality objectives for the dangerous substances
the reduced earnings allowance at issue in the main proceedings,                 covered by the first indent of List II of the annex to Council
which was introduced into national legislation after expiry of the               Directive 76/464/EEC of 4 May 1976 on pollution caused by
period prescribed for transposition of the Directive and is subject to           certain dangerous substances discharged into the aquatic
age conditions which differ according to sex.                                    environment of the Community, the Hellenic Republic has
                                                                                 failed to fulfil its obligations under Article 7(1) of that directive;
(1) OJ C 234 of 25.7.1998.
                                                                           2.
                                                                                 Orders the Hellenic Republic to pay the costs.
                                                                           (1) OJ C 26 of 24.1.1998.
                  JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                     JUDGMENT OF THE COURT
                                                                                                       (Second Chamber)
                           of 25 May 2000
                                                                                                         of 25 May 2000
in Case C-384/97 Commission of the European Communi-
                    ties v Hellenic Republic (1)                           in Case C-273/98 (reference for a preliminary ruling from
                                                                           the Bundesfinanzhof): Hans-Josef Schlebusch v Haupt-
(Failure of a Member State to fulfil its obligations — Water                                             zollamt Trier (1)
pollution — Obligation to adopt programmes in order to
reduce pollution caused by certain dangerous substances —                  (Additional levy on milk — Original and special reference
          Failure to transpose Directive 76/464/EEC)                       quantities — Accumulation — Definitive allocation of a
                                                                           special reference quantity — Conditions — Temporary
                                                                           transfer of part of an original reference quantity before the
                           (2000/C 233/17)                                      definitive allocation of a special reference quantity)
                                                                                                        (2000/C 233/18)
                     (Language of the case: Greek)
                                                                                                (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-384/97, Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:                    In Case C-273/98: reference to the Court under Article 177 of
A. Samoni-Rantou and E.-M. Mamouna) — Application for a                    the EC Treaty from the Bundesfinanzhof, Germany, for a
declaration that, by failing to establish programmes including             preliminary ruling in the proceedings pending before that
quality objectives and setting deadlines for their implementa-             court between Hans-Josef Schlebusch and Hauptzollamt Trier
tion, in order to reduce water pollution caused by the                     — on the interpretation of the first sentence of Article 3a(3) of
99 dangerous substances covered by the first indent of List II             Council Regulation (EEC) No 857/84 of 31 March 1984
in the annex to Council Directive 76/464/EEC of 4 May                      adopting general rules for the application of the levy referred
1976 on pollution caused by certain dangerous substances                   to in Article 5c of Regulation (EEC) No 804/68 in the milk
discharged into the aquatic environment of the Community                   and milk products sector (OJ 1984 L 90, p. 13), as amended
(OJ 1976 L 129, p. 23), and consequently by failing to require             by Council Regulation (EEC) No 1639/91 of 13 June 1991 (OJ
discharges which are made into waters and liable to contain                1991 L 150, p. 35) — the Court (Second Chamber), composed
any of the said substances to be subject to a prior authorisation          of: R. Schintgen, President of the Chamber, G. Hirsch (Rappor-
issued by the competent authority in which emission standards              teur) and V. Skouris, Judges; G. Cosmas, Advocate General;
are set on the basis of quality objectives laid down in such               R. Grass, Registrar, has given a judgment on 25 May 2000, in
programmes, the Hellenic Republic has failed to fulfil its                 which it has ruled: