CELEX: C2000/034/14
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 11 November 1999 in Case C-179/98 (reference for a preliminary ruling from the Cour du Travail de Bruxelles): Belgian State v Fatna Mesbah (EEC-Morocco Cooperation Agreement — Article 41(1) — Principle of non-discrimination in the field of social security — Scope ratione personae)

C 34/8                  EN                      Official Journal of the European Communities                                             5.2.2000
1. Declares that, by not taking the measures necessary to ensure           1. A member of the family of a migrant worker of Moroccan
    that the waste discharged into the watercourse bisecting the San           nationality, where that worker has acquired the nationality of his
    Rocco valley is disposed of without risk to human health or harm           host Member State before the date on which the said member of
    to the environment and by not taking the measures necessary to             his family began to live with him there and applied for a social
    ensure that waste stored in a fly-tip be handed over to a private          security benefit under the legislation of that State, cannot rely on
    or public waste collector or a waste disposal undertaking, Italy           Article 41(1) of the Cooperation Agreement between the Euro-
    has failed to fulfil its obligations under the first paragraph of          pean Economic Community and the Kingdom of Morocco signed
    Article 4 and the first indent of Article 8 of Council Directive           in Rabat on 27 April 1976 and approved on behalf of the
    75/442/EEC of 15 July 1975 on waste, as amended by Council                 Community by Council Regulation (EEC) No 2211/78 of
    Directive 91/156/EEC of 18 March 1991.                                     26 September 1978, as a ground for invoking that worker’s
                                                                               Moroccan nationality for the purposes of obtaining the benefit of
2. Dismisses the remainder of the application.                                 the principle of equal treatment in the field of social security laid
                                                                               down in that provision.
3. Orders the Italian Republic to pay the costs.
                                                                               Such a member of the family of a Moroccan migrant worker,
                                                                               where that worker also has the nationality of the host Member
(1) OJ C 387 of 20.12.1997.
                                                                               State, could invoke his Moroccan nationality for the purposes of
                                                                               the application of Article 41(1) of the Agreement, solely on the
                                                                               basis of the law of the Member State concerned, which it is for
                                                                               the national court alone, however, to interpret and apply in the
                                                                               proceedings before it.
                                                                           2. The term ‘members of the family’, within the meaning of
                 JUDGMENT OF THE COURT                                         Article 41(1) of the Agreement, of a Moroccan migrant worker
                                                                               extends to relatives in the ascending line of that worker and of
                                                                               his spouse who live with him in the host Member State.
                          (Sixth Chamber)
                      of 11 November 1999                                  (1) OJ C 209 of 4.7.1998.
in Case C-179/98 (reference for a preliminary ruling from
the Cour du Travail de Bruxelles): Belgian State v Fatna
                              Mesbah (1)
(EEC-Morocco Cooperation Agreement — Article 41(1) —
Principle of non-discrimination in the field of social security
                    — Scope ratione personae)                                                   ORDER OF THE COURT
                           (2000/C 34/14)                                                             (First Chamber)
                    (Language of the case: French)                                                 of 14 October 1999
                                                                           in Case C-437/98 P: Industria del Frio Auxiliar Conservera
(Provisional translation; the definitive translation will be published     SA (Infrisa) v Commission of the European Communi-
                   in the European Court Reports)                                                           ties (1)
In Case C-179/98: reference to the Court under Article 177 of              (Appeal — Action declared manifestly unfounded — Sani-
the EC Treaty (now Article 234 EC) from the Cour du                         tary policy — Protective Measures — Decision 95/119/EC)
Travail de Bruxelles (Labour Court, Brussels), Belgium, for a
preliminary ruling in the proceedings pending before that
court between Belgian State and Fatna Mesbah — on the                                                  (2000/C 34/15)
interpretation of Article 41(1) of the Cooperation Agreement
between the European Economic Community and the
Kingdom of Morocco signed in Rabat on 27 April 1976 and                                       (Language of the case: Spanish)
approved on behalf of the Community by Council Regulation
(EEC) No 2211/78 of 26 September 1978 (OJ 1976 L 264,
p. 1) — the Court (Sixth Chamber), composed of: R. Schintgen
                                                                           (Provisional translation; the definitive translation will be published
(Rapporteur), President of the Second Chamber acting for the
                                                                                               in the European Court Reports)
President of the Sixth Chamber, P.J.G. Kapteyn and H. Ragne-
malm, Judges; S. Alber, Advocate General; D. Louterman-
Hubeau, Principal Administrator, for the Registrar, has given a            In Case C-437/98 P: Industria del Frio Auxiliar Conservera
judgment on 11 November 1999, in which it has ruled:                       SA (Infrisa), established in Bermeo, Spain, represented by