CELEX: C1999/366/25
Language: en
Date: 1999-12-18 00:00:00
Title: Case C-366/99: Reference for a preliminary ruling from the French Conseil d'État (Council of State), by order of that court of 28 July 1999 in the case of Joseph Griesmar v Minister for Economic Affairs, Finance and Industry and Minister for the Civil Service, State Reform and Decentralisation

C 366/16               EN                    Official Journal of the European Communities                                     18.12.1999
Pleas in law and main arguments                                         Reference for a preliminary ruling from the French
                                                                        Conseil d’État (Council of State), by order of that court of
                                                                        28 July 1999 in the case of Joseph Griesmar v Minister
                                                                        for Economic Affairs, Finance and Industry and Minister
Portugal is appealing the decision to extend the restriction on
                                                                         for the Civil Service, State Reform and Decentralisation
exports, laid down in Article 4 of Decision 98/653/EC, to
1 February 2000, adopted by the Commission by Decision
99/517/EC, on the following grounds:                                                              (Case C-366/99)
                                                                                                  (1999/C 366/25)
— Lack of statement of reasons or facts: the Commission was
     required to show that the extension of the period was
     justified and that the facts justify a derogation from             Reference has been made to the Court of Justice of the
     Article 28 of the EC Treaty. In view of the findings of the        European Communities by an order of the French Conseil
     mission of 14 to 18 June 1999, the Commission failed to            d’État, of 28 July 1999, which was received at the Court
     do so.                                                             Registry on 4 October 1999, for a preliminary ruling in the
                                                                        case of Joseph Griesmar v Minister for Economic Affairs,
                                                                        Finance and Industry and Minister for the Civil Service, State
— The decision is contrary to the Animal Health Code of the             Reform and Decentralisation on the following questions. The
     International Office of Epizootic Diseases: the Commission         French Council of State asks the Court of Justice to rule on the
     disregarded the Code in decisions 98/653/EC and                    following questions:
     99/517/EC. Contrary to Article 3.2.13.8 Portuguese
     exports of meat and meat products are totally prohibited           1. Are the pensions provided by the French retirement
     until 1 February 2000 despite the fact that Portugal, which             pension scheme for civil servants pay within the meaning
     falls within the category of countries with a low incidence             of Article 119 of the Treaty of Rome (now Article 141 of
     of BSE, observed the conditions laid down in                            the Treaty establishing the European Community)?
     Article 3.2.13.8.
                                                                             If so, in the light of the requirements of paragraph 3 of
                                                                             Article 6 of the agreement annexed to Protocol No 14 on
— Breach of essential procedural requirements and of the                     social policy, is the principle of equal pay breached by the
     principle of sound administrative practice: the Standing                provisions of Article L. 12(b) of the civil and military
     Veterinary Committee did not have access to all the                     retirement pensions code?
     relevant and recent information (in particular the ‘draft’
     findings of the mission of the Food and Veterinary Office          2. If Article 119 of the Treaty of Rome is not applicable, do
     (FVO-DG XXIV) of 14 to 18 June 1999 and Portugal’s                      the provisions of Directive 79/7/EEC of 19 December
     comments) which were made available to the Commission                   1978 (1) prevent France from maintaining in force pro-
     and/or should have been made available before the Stand-                visions such as Article L. 12(b) of the civil and military
     ing Veterinary Committee was consulted and before the                   retirement pensions code?
     decision was adopted to extend the period prescribed by
     Article 4 of Decision 98/653/EC.                                   (1) On the progressive implementation of the principle of equal
                                                                            treatment for men and women in matters of social security (OJ
                                                                            1979 L 6 of 10.1.1979, p. 24).
— Breach of the principle of proportionality: extension of the
     period prescribed in Article 4 of Decision 98/653/EC
     exceeds the limits of what is appropriate and necessary in
     view of the grounds and objectives of Decision 98/653/EC,
     regard being had to the situation in Portugal, the level of
     its exports of beef and meat products, and the policy of
     the Commission and the Community vis-à-vis the United
     Kingdom and Switzerland.                                           Reference for a preliminary ruling by the Landesgericht
                                                                        Korneuburg (Austria) by order of that court of 1 Septemb-
                                                                        er 1999 in the case of La Chemise Lacoste S.A. v Coalle
                                                                                                       FA-93
(1) Commission Decision 99/517/EC of July 1999 amending Decision
    98/653/EC concerning emergency measures made necessary by                                     (Case C-368/99)
    the occurrence of bovine spongiform encephalopathy in Portugal
    — OJ 1999 L 197, p. 45.
 2
                                                                                                  (1999/C 366/26)
( ) Decision 98/653/EC concerning emergency measures made
    necessary by the occurrence of bovine spongiform encephalopa-
    thy in Portugal — OJ 1998 L 311, p. 23.                             Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Landesgericht
                                                                        (Regional Court) Korneuburg (Austria) of 1 September 1999,
                                                                        received at the Court Registry on 4 October 1999, for a
                                                                        preliminary ruling in the case of La Chemise Lacoste S.A. v
                                                                        Coalle FA-93 on the following question: