CELEX: C1996/180/08
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 March 1996 in Case C-238/95: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Directive 93/67/EEC - Assessment of risks to man and the environment posed by dangerous substances)

No C 180/4            EN                    Official Journal of the European Communities                                     22 . 6 . 96
 Kingdom of Denmark, Ireland and the United Kingdom of                  Article 7 (1 ) and (2) of Regulation (EEC) No 1612/68 of the
 Great Britain and Northern Ireland ( OJ No L 304, 1978 ,                Council of 15 October 1968 on freedom of movement for
 p . 1 and — in its amended form — p . 77 ) — the Court ( Fifth         workers within the Community must be interpreted as
 Chamber ), composed of D. A. O. Edward ( President of                  meaning that a worker who is a national of one Member
 Chamber ), J. -P. Puissochet, J. C. Moitinho de Almeida                State and is employed in the territory of another Member
  ( Rapporteur ), C. Gulmann and P. Jann, Judges; N. Fennelly,          State is not entitled to have payment of contributions
 Advocate-General; R. Grass, Registrar, has given a                      (employer's and employee's contributions) to the
 judgment on 14 March 1996, in which it rules :                         supplementary old-age and survivors ' pension scheme for
                                                                        workers in the public service continued, at the same level as
                                                                        would have been payable if the employment relationship
 Article 47 (1 ) of the Convention of 27 September 1968 on              had not been suspended because of his call-up for military
 Jurisdiction and the Enforcement ofJudgments in Civil and              service, where nationals of that State employed in the public
  Commercial Matters, as amended by the Convention of                   service are so entitled when performing military service in
 9 October 1978 on the Accession of the Kingdom of                      that State.
 Denmark, Ireland and the United Kingdom of Great Britain
 and Northern Ireland, is to be interpreted as meaning that,
 where the domestic procedural rules so permit, proof of                (') OJ No C 380, 31 . 12 . 1994 .
 service of the judgment may be produced after the
 application has been made, in particular during the course of
 appeal proceedings subsequently brought by the party
 against whom enforcement is sought, provided that that
 party is given a reasonable period of time in which to satisfy
 the judgment voluntarily and that the party seeking
 enforcement bears all costs unnecessarily incurred.
 (') OJ No C 351 , 10 . 12 . 1994 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                ( Fifth Chamber )
                                                                                               of 14 March 1996
                                                                        in Case C-238/95 : Commission of the European
                                                                                      Communities v. Italian Republic ( ! )
               JUDGMENT OF THE COURT                                    (Failure to fulfil obligations — Directive 93/67/EEC —
                        ( Sixth Chamber )                               Assessment of risks to man and the environment posed by
                       of 14 March 1996
                                                                                             dangerous substances)
                                                                                                  ( 96/C 180/08 )
in Case C-3 15/94 (reference for a preliminary ruling
 from the Arbeitsgericht Bielefeld ): Peter de Vos v. Stadt
                             Bielefeld ( J )
                                                                                        (Language of the case: Italian)
 (Freedom of movement for persons — Military service —
                        Social advantage)
                          ( 96/C 180/07 )
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
               (Language of the case: German)
(Provisional translation; the definitive translation will be           In Case C-238/95 : Commission of the European
          published in the European Court Reports)                     Communities ( Agents : Laura Pignatoro and Maria
                                                                       Condou-Durande ) v. Italian Republic ( Agent: Professor
                                                                       Umberto Leanza, assisted by Pier Giorgio Ferri, avvocato
In Case C-3 1 5/94 : reference to the Court under Article 177          dello Stato ) — application for a declaration that, by failing
of the EC Treaty from the Arbeitsgericht Bielefeld                     to adopt and communicate the laws, regulations and
( Germany ) for a preliminary ruling in the proceedings                administrative provisions necessary to comply with
pending before that court between Peter de Vos and Stadt               Commission Directive 93/67/EEC of 20 July 1993 laying
Bielefeld on the interpretation of Article 7 of Regulation             down the principles for assessment of risks to man and the
( EEC ) No 1612/68 of the Council of 15 October 1968 on                environment of substances notified in accordance with
freedom of movement for workers within the Community                   Council Directive 67/548/EEC ( OJ No L 227, 1993 , p. 9 ),
( OJ, English Special Edition 1968(11 ), p . 475 ) — the Court         the Italian Republic has failed to fulfil its obligations under
( Sixth Chamber), composed of C. N. Kakouris, President of             that Directive and the EC Treaty — the Court ( Fifth
the Chamber, G. Hirsch, F. A. Schockweiler, P. J. G.                   Chamber ), composed of D. A. O. Edward, President of the
Kapteyn ( Rapporteur ) and J. L. Murray, Judges; D.                    Chamber, J. -P. Puissochet ( Rapporteur ), J. C. Moitinho de
Ruiz-Jarabo Colomer, Advocate-General; Registrar, R.                   Almeida, L. Sevon and M. Wathelet, Judges; N. Fennelly,
Grass, gave a judgment on 14 March 1996, the operative                 Advocate-General; R. Grass, Registrar, has given a
part of which is as follows :                                          judgment on 14 March 1996 in which it:
 ---pagebreak--- 22 . 6 . 96               EN                   Official Journal of the European Communities                                 No C 180/5
1 . Declares that, by failing to adopt within the prescribed                   Council Directive 90/385/EEC of 20 June 1990 on the
      period the laws, regulations and administrative                          approximation ofthe laws ofthe Member States relating
      provisions necessary to comply with Commission                           to active implantable medical devices, the Kingdom of
      Directive 93/67/EEC of 20 July 1993 laying down the                      Belgium has failed to fulfil its obligations under
      principles for assessment of risks to man and the                        Article 16 of that Directive.
      environment of substances notified in accordance with
      Council Directive 67/548/EEC, the Italian Republic has
      failed to fulfil its obligations under Article 8 of Directive       2 . Orders the Kingdom of Belgium to pay the costs.
      93/67/EEC.
                                                                          (') OJ No C 229 , 2 . 9 . 1995 .
2 . Orders the Italian Republic to pay the costs.
f 1 ) OJ No C 229 , 2 . 9 . 1995 .
                                                                                        JUDGMENT OF THE COURT
                                                                                                 of 19 March 1996
                 JUDGMENT OF THE COURT
                                                                          in    Case C-25/94 : Commission of the European
                            ( Sixth Chamber)                                   Communities v. Council of the European Union (^
                          of 14 March 1996                                (FAO — Fishery Agreement — Right to vote — Member
in Case        C-239/95 : Commission of the European                                          States — Community)
            Communities v. Kingdom of Belgium ( l )                                                 ( 96/C 180/10 )
 (Failure of a Member State to fulfil its obligations —
 Transposition of Directive 90/385/EEC on the
approximation of the laws of the Member States relating to                                (Language of the case: French)
               active implantable medical devices)
                               ( 96/C 180/09 )
                                                                          (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
                  (Language of the case: French)
 (Provisional translation; the definitive translation will be             In Case C-25/94 : Commission of the European
           published in the European Court Reports)                       Communities ( Agent: Jorn Sack ) v . Council of the European
                                                                          Union ( Agents : Rudiger Bandilla and Felix van Craeyenest ),
                                                                          supported by United Kingdom of Great Britain and
In Case C-239/95 : Commission of the European                             Northern Ireland ( Agents : John E. Collins and Richard
 Communities ( Agent: Hendrik van Lier ) v. Kingdom of                    Plender QC ) — application for annulment of the decision of
Belgium ( Agent: Jan Devadder ) — application for a                       the Fisheries Council of 22 November 1993 giving the
declaration that, by failing to adopt and, in the alternative,            Member States the right to vote in the United Nations Food
to communicate to the Commission the measures necessary                   and Agriculture Organization for the adoption of the
to transpose Council Directive 90/385/EEC of 20 June 1990                 Agreement to Promote Compliance with International
on the approximation of the laws of the Member States                     Conservation and Management Measures by Fishing
relating to active implantable medical devices ( OJ No L 189,             Vessels on the High Seas — the Court, composed of G. C.
 1990, p . 17 ), the Kingdom of Belgium has failed to fulfil its          Rodriguez Iglesias, President, J. -P. Puissochet and G. Hirsch
obligations under that Directive and in particular Article 16             ( Presidents of Chambers ), G. F. Mancini, F. A. Schockweiler
thereof — the Court ( Sixth Chamber ), composed of C. N.                   ( Rapporteur), J. C. Moitinho de Almeida, P. J. G. Kapteyn,
Kakouris, President of the Chamber, G. Hirsch, G. F.                      C. Gulmann, J. L. Murray, H. Ragnemalm and L. Sevon,
Mancini, F. A. Schockweiler and J. L. Murray ( Rapporteur ),              Judges;      F.    G. Jacobs, Advocate-General;             D.
Judges; Advocate-General, D. Ruiz-Jarabo Colomer;                         Louterman-Hubeau, Principal Administrator, for the
 Registrar, R. Grass, gave a judgment on 14 March 1996, in                Registrar, gave a. judgment on 19 March 1996 , in which
which it :                                                                it :
 1 . Declares that, by failing to adopt the laws, regulations              1 . Annuls the decision of the Fisheries Council of
      and administrative provisions necessary to comply with                   22 November 1 993 giving the Member States the right