CELEX: C1997/009/13
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 November 1996 in Case C-221/94: Commission of the European Communities v. Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations - Non-transposition of Directive 91/263/EEC - Telecommunications - Telecommunications terminal equipment - Mutual recognition of their conformity)

11.1.97            1 EN 1                Official Journal of the European Communities                                     No C 9 / 7
Commission to one of its officials on the ground of                  part — the Court ( Sixth Chamber), composed of: J. L.
occupational illness by virtue of Article 73 of the Staff            Murray, President of the Fourth Chamber, acting for the
Regulations of officials of the European Communities —               President of the Sixth Chamber, C. N. Kakouris, P. J. G.
the Court ( Sixth Chamber ), composed of: G. F. Mancini,             Kapteyn ( Rapporteur ). G. Hirsch and H. Ragnemalm,
President of the Chamber, C. N. Kakouris and P. J. G.                Judges; F. G. Jacobs, Advocate-General; R. Grass,
Kapteyn ( Rapporteur), Judges; A. La Pergola, Advocate-              Registrar, has given a judgment on 24 October 1996, in
General; H. von Holstein, Deputy Registrar, for the                  which it:
Registrar, has given a judgment on 24 October 1996, in
which it:
                                                                     1 . Dismisses the appeal.
1 . Orders Royal Belge SA, Assurances Générales de
     France SA, Caisse Nationale de Prévoyance, Les                  2 . Orders the appellants to pay the costs.
     Mutuelles du Mans, Assurantie van de Belgische
     Boerenbond SA, Hannover SA, Securitas AG and
                                                                     0 ) OJ No C 189, 22 . 7. 1995, p . 6 .
     Condor to pay the Commission the sum of Bfrs
     25 794 194, plus interest at the rate of 8 % from 6 May
     1994.
2 . Orders Royal Belge SA, Assurances Générales de
     France SA, Caisse Nationale de Prévoyance, Les
     Mutuelles du Mans, Assurantie van de Belgische
     Boerenbond SA, Hannover SA, Securitas AG and                                  JUDGMENT OF THE COURT
     Condor to pay the costs.                                                                (Sixth Chamber)
                                                                                          of 7 November 1996
(') OJ No C 159, 24 . 6 . 1995 , p. 13 .
                                                                     in    Case C-221/94: Commission of the European
                                                                           Communities v. Grand Duchy of Luxembourg (')
                                                                     (Failure of a Member State to fulfil its obligations —
                                                                     Non-transposition of Directive 91/263/EEC —
                                                                     Telecommunications        —     Telecommunications     terminal
                                                                         equipment — Mutual recognition of their conformity)
              JUDGMENT OF THE COURT                                                             ( 97/C 9/ 13
                        ( Sixth Chamber)
                      of 24 October 1996                                             (Language of the case: French)
in Case C-91/95 P: Roger Tremblay, Harry Kestenberg
and Syndicat des Exploitants de Lieux de Loisirs ( SELL ) v.
       Commission of the European Communities ( J )                    (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
(Appeal — Competition — Rejection of a complaint —
              Absence of Community interest)
                            ( 97/C 9/12 )                            In Case C-221 /94 : Commission of the European
                                                                     Communities (Agents: Anders C. Jessen and Jean-Francis
                                                                     Pasquier) v. Grand Duchy of Luxembourg ( Agent: Nicolas
               (Language of the case: French)                        Schmit) — application for a declaration that, by not
                                                                     adopting within the period laid down the laws, regulations
                                                                     and administrative provisions necessary to comply with
                                                                     Council Directive 91/263/EEC of 29 April 1991 on the
  (Provisional translation; the definitive translation will be       approximation of the laws of the Member States
         published in the European Court Reports)                    concerning telecommunications terminal equipment,
                                                                     including the mutual recognition of their conformity (2 ),
                                                                     and, in any event, by not immediately informing the
In Case C-91/95 P: Roger Tremblay, Harry Kestenberg                  Commission of such measures, the Grand Duchy of
and Syndicat des Exploitants de Lieux de Loisirs ( SELL )            Luxembourg has failed to fulfil its obligations pursuant to
( Counsel: Jean-Claude Fourgoux ), the other party to the            the Directive and in particular pursuant to Article 17
proceedings being: Commission of the European                        thereof — the Court ( Sixth Chamber ), composed of: G. F.
Communities ( Agents : Giuliano Marenco and Géraud de                Mancini , President of the Chamber ( Rapporteur), J. L.
Bergues ) — appeal against the judgment of the Court of              Murray, C. N. Kakouris, P. J. G. Kapteyn and H.
First Instance ( Second Chamber ) of 24 January 1995 in              Ragnemalm, Judges; C. O. Lenz, Advocate-General; H. A.
Case T-5/93 Tremblay and Others v. Commission [ 1995]                Rühl, Principal Administrator, for the REgistrar, has given
ECR 11-185 , seeking to have that judgment set aside in              a judgment on 7 November 1996, in which it:
 ---pagebreak--- No C 9/8              LJN                     Official Journal of the European Communities                                           . . 97
1 . Declares that, by failing to adopt within the period                 person who undertakes, as an unremunerated activity, the
      laid down the laws, regulations and administrative                 care of his or her handicapped spouse, whatever the extent
      provisions necessary to comply with Council Directive              of that activity and the competence required in order to
      91 /263/EEC of 29 April 1991 on the approximation                  perform it, where the person in question did not, in order
      of the laws of the Member States concerning                        to do so, abandon an occupational activity or interrupt
      telecommunications terminal equipment, including the               efforts to find employment.
      mutual recognition of their conformity, the Grand
      Duchy of Luxembourg has failed to fulfil its                       (') OJ No C 174, 8 . 7. 1995 , p . 2 .
      obligations pursuant to the Directive and in particular            ( 2 ) OJ No L 6 , 10 . 1 . 1979, p . 24 .
      under Article 1 7 thereof.
2 . Orders the Grand Duchy of Luxembourg to pay the
      costs.
f 1 ) OJ No C 254, 10 . 9 . 1994, p . 10 .
( 2 ) OJ No L 128 , 23 . 5 . 1991 , p . 1 .
                                                                                          JUDGMENT OF THE COURT
                                                                                                     ( Sixth Chamber)
                                                                                                   of 7 November 1996
                                                                         in      Case C-262/95 : Commission of the European
                JUDGMENT OF THE COURT                                             Communities v. Federal Republic of Germany ( J )
                            (Fifth Chamber)
                                                                         (Failure to fulfil obligations — Transposition of Directives
                        of 7 November 1996                               82/1 76/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and
in Case C-77/95 (reference for a preliminary ruling from                 86/280ZEEC on the discharge of certain dangerous
the Hanseatisches Oberlandesgericht, Bremen): Bruna­                                  substances into the aquatic environment)
Alessandra Ziichner v. Handelskrankenkasse (Ersatzkasse )                                                ( 97/C 9/ 15 )
                                Bremen ( 1 )
(Equal treatment for men and women in matters of social
    security — Directive 79/7ZEEC — Working population)                                    (Language of the case: German)
                               ( 97/C 9/ 14 )
                                                                            (Provisional translation; the definitive translation will be
                 (Language of the case: German)                                      published in the European Court Reports)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                      In      Case    C-262/95 :        Commission   of the    European
                                                                         Communities         (Agent:       Gotz zur Hausen )   v.   Federal
                                                                         Republic of Germany ( Agent: Ernst Roder) — application
In Case C-77/95 : reference to the Court pursuant to                     for a declaration that, by not adopting the necessary
Article 177 of the EC Treaty from the Hanseatisches                      measures to comply with:
Oberlandesgericht ( Higher Regional Court), Bremen
( Germany ), for a preliminary ruling in the proceedings
pending before that court between Bruna-Alessandra                       — Council Directive 82/ 1 76/EEC of 22 March 1982 on
Ziichner v. Handelskrankenkasse ( Ersatzkasse ) Bremen —                        limit values and quality objectives for mercury
on the interpretation of Council Directive 79/7/EEC of                          discharges by the chlor-alkali electrolysis industry ( 2 ),
 19 December 1978 on the progressive implementation of
the principle of equal treatment for men and women in
matters of social security ( 2 ), and of the principles of               — Council Directive 83/513/EEC of 26 September 1983
Community law governing the liability of public                                 on limit values and quality objectives for cadmium
authorities — the Court ( Fifth Chamber), composed of: L.                       discharges ( 3 ),
Sevon, President of Chamber, acting for the President of
the Fifth Chamber ( Rapporteur ), C. Gulmann, D. A. O.
Edward, J. -P. Puissochet and P. Jann, Judges; D. Ruiz­                  — Council Directive 84/ 156/EEC of 8 March 1984 on
Jarabo Colomer, Advocate-General; H. A. Riihl, Principal                        limit values and quality objectives for mercury
Administrator, for the Registrar, has given a judgment on                       discharges by sectors other than the chlor-alkali
7 November 1996 , in which it has ruled :
                                                                                electrolysis industry (4 ),
Article 2 of Council Directive 79/7/EEC of 19 December
 1978 on the progressive implementation of the principle                 — Council Directive 84/491 /EEC of 9 October 1984 on
of equal treatment for men and women in matters of                              limit values and quality objectives for discharges of
social security must be interpreted as not covering a                           hexachlorocyclohexane ( 5 ), and