CELEX: C1999/352/08
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (Second Chamber) of 9 September 1999 in Case C-374/97 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof): Anton Feyrer v Landkreis Rottal-Inn (Directive 85/73/EEC - Fees in respect of health inspections and controls of fresh meat - Direct effect)

C 352/4                  EN                     Official Journal of the European Communities                                          4.12.1999
1. The Federal Republic of Germany has failed to fulfil its                L 39, p. 40) — the Court (Sixth Chamber), composed of:
    obligations under the third indent of the first subparagraph, and      G. Hirsch (Rapporteur), President of the Second Chamber,
    the second subparagraph, of Article 3(2) and under Article 5 of        acting for the President of the Sixth Chamber, J.L. Murray and
    Directive 90/313,                                                      H. Ragnemalm, Judges; P. Léger, Advocate General; H. Rühl,
                                                                           Principal Administrator, for the Registrar, has given a judgment
    — By failing to provide for access to be given to information          on 9 September 1999, in which it has ruled:
         during administrative proceedings where the public auth-
         orities have received information in the course of those          Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
         proceedings,                                                      have been replaced by Articles 136 EC to 143 EC) must be
                                                                           interpreted as meaning that exclusion by a collective agreement from
    — by failing to provide in the Umweltinformationsgesetz for            entitlement to a special annual bonus provided for by that collective
         information to be supplied in part where it is possible to        agreement of persons in employment which involves a normal
         separate out information concerning the interests referred to     working week of less than 15 hours and normal pay not exceeding a
         in Article 3(2) of Council Directive 90/313/EEC of 7 June         fraction of the monthly baseline and is, on that basis, exempt from
         1990 on the freedom of access to information on the               compulsory social insurance constitutes indirect discrimination based
         environment, and                                                  on sex, where that exclusion applies independently of the sex of the
                                                                           worker but actually affects a considerably higher percentage of women
    — by failing to provide that a charge is to be made only where         than men.
         information is in fact supplied.
2. The remainder of the application is dismissed.                          (1) OJ C 295 of 27.9.1997.
3. The Federal Republic of Germany is ordered to pay the costs.
(1) OJ C 252 of 16.8.1997.
                                                                                            JUDGMENT OF THE COURT
                                                                                                   (Second Chamber)
                                                                                                 of 9 September 1999
                 JUDGMENT OF THE COURT
                                                                           in Case C-374/97 (reference for a preliminary ruling from
                          (Sixth Chamber)                                  the Bayerischer Verwaltungsgerichtshof): Anton Feyrer v
                                                                                                Landkreis Rottal-Inn (1)
                       of 9 September 1999
                                                                           (Directive 85/73/EEC — Fees in respect of health inspections
in Case C-281/97 (reference for a preliminary ruling from                            and controls of fresh meat — Direct effect)
the Arbeitsgericht, Munich): Andrea Krüger v Kreiskran-
                       kenhaus Ebersberg (1)                                                         (1999/C 352/08)
(Equal treatment for men and women — End-of-year bonus
                    — Conditions for granting)                                                (Language of the case: German)
                           (1999/C 352/07)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: German)                         In Case C-374/97: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Bayerischer
                                                                           Verwaltungsgerichtshof, Germany, for a preliminary ruling in
(Provisional translation; the definitive translation will be published     the proceedings pending before that court between Anton
                    in the European Court Reports)                         Feyrer and Landkreis Rottal-Inn (Intervener: Landesanwalt-
                                                                           schaft Bayern als Vertreter des öffentlichen Interesses) —
In Case C-281/97: reference to the Court under Article 177 of              on the interpretation of Article 2(3) of Council Directive
the EC Treaty (now Article 234 EC) from the Arbeitsgericht                 85/73/EEC of 29 January 1985 on the financing of health
(Labour Court), Munich, Germany, for a preliminary ruling in               inspections and controls of fresh meat and poultrymeat (OJ
the proceedings pending before that court between Andrea                   1985 L 32, p. 14), as amended by Council Directive 93/118/EC
Krüger and Kreiskrankenhaus Ebersberg — on the interpret-                  of 22 December 1993 (OJ 1993 L 340, p. 15), and of points 1
ation of Article 119 of the EC Treaty (Articles 117 to 120 of              and 4(b) of Chapter I of the Annex thereto — the Court
the EC Treaty have been replaced by Articles 136 EC to 143                 (Second Chamber), composed of: G. Hirsch, President of the
EC) and Council Directive 76/207/EEC of 9 February 1976 on                 Chamber, G.F. Mancini and R. Schintgen (Rapporteur), Judges;
the implementation of the principle of equal treatment for                 P. Léger, Advocate General; D. Louterman-Hubeau, Principal
men and women as regards access to employment, vocational                  Administrator, for the Registrar, has given a judgment on
training and promotion, and working conditions (OJ 1976                    9 September 1999, in which it has ruled:
 ---pagebreak--- 4.12.1999                 EN                     Official Journal of the European Communities                                             C 352/5
1. Where a Member State has not transposed Council Directive                17 December 1997 in Case T-152/95 Petrides v Commission
     85/73/EEC of 29 January 1985 on the financing of health                [1997] ECR II-2427, seeking to have that judgment set aside,
     inspections and controls of fresh meat and poultrymeat, as             the other party to the proceedings being Commission of the
     amended by Council Directive 93/118/EC of 22 December                  European Communities (Agent: Gérard Berscheid) — the Court
     1993, into national law within the period prescribed, individuals      (Third Chamber), composed of: J.-P. Puissochet, President of
     cannot oppose the collection of fees higher than the levers of the     the Chamber, J.C. Moitinho de Almeida (Rapporteur) and
     standard amounts fixed in point 1 of Chapter I of the Annex to         C. Gulmann, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
     the Directive, where those fees do not exceed the actual costs.        eral; R. Grass, Registrar, has given a judgment on 9 September
                                                                            1999, in which it:
2. A Member State may exercise the option available under
     point 4(b) of Chapter I of the Annex to Directive 85/73, as            1. Dismisses the appeal;
     amended by Directive 93/118, of collecting a special fee
                                                                            2. Orders Odette Nicos Petrides Co. Inc. to pay the costs.
     exceeding the level of the standard fees fixed in point 1 of
     Chapter I, provided only that the special fee does not exceed the
     actual costs incurred, no further conditions being imposed.            (1) OJ C 151 of 16.5.1998.
3. In cases where a Member State has delegated to local authorities
     the collection of fees relating to health inspections and controls
     of fresh meat, Article 2(3) of Directive 85/73, as amended by
     Directive 93/118, authorises it to collect an amount higher than
     Community fee levels so long as it does not exceed the actual                           JUDGMENT OF THE COURT
     costs of inspection incurred by the competent local authority.
                                                                                                      (Fifth Chamber)
( 1) OJ C 387 of 20.12.1997. OJ C 7 of 10.1.1998.
                                                                                                  of 9 September 1999
                                                                            in Case C-108/98 (reference for a preliminary ruling from
                                                                            the Tribunale Amministrativo Regionale della Campania):
                                                                            RI.SAN Srl v Comune di Ischia, Italia Lavoro SpA,
                                                                                    formerly GEPI SpA, Ischia Ambiente SpA (1)
                                                                            (Freedom of establishment — Freedom to provide services —
                  JUDGMENT OF THE COURT                                             Organisation of urban waste collection service)
                           (Third Chamber)                                                            (1999/C 352/10)
                        of 9 September 1999                                                     (Language of the case: Italian)
in Case C-64/98 P: Odette Nicos Petrides Co. Inc. v                         (Provisional translation; the definitive translation will be published
        Commission of the European Communities (1)                                             in the European Court Reports)
(Appeal — Action for compensation — Common organis-                         In Case C-108/98: reference to the Court under Article 177 of
ation of the market in raw tobacco — Commission decisions                   the EC Treaty (now Article 234 EC) from the Tribunale
rejecting bids in tendering procedures in respect of tobacco                Amministrativo Regionale della Campania, Italy, for a prelimi-
held by intervention agencies — Inadequate statement of                     nary ruling in the proceedings pending before that court
reasons, principles of proportionality, equal treatment and                 between RI.SAN Srl and Comune di Ischia, Italia Lavoro
                      the right to a fair hearing)                          SpA, formerly GEPI SpA, Ischia Ambiente SpA — on the
                                                                            interpretation of Articles 55 and 90(2) of the EC Treaty (now
                                                                            Articles 45 EC and 86(2) EC) — the Court (Fifth Chamber),
                            (1999/C 352/09)                                 composed of: J.-P. Puissochet, President of the Chamber,
                                                                            P. Jann (Rapporteur), C. Gulmann, D.A.O. Edward and L. Se-
                                                                            vón, Judges; S. Alber, Advocate General; H. von Holstein,
                      (Language of the case: French)                        Deputy Registrar, for the Registrar, has given a judgment on
                                                                            9 September 1999, in which it has ruled:
(Provisional translation; the definitive translation will be published      Article 55 of the EC Treaty (now Article 45 EC) does not apply in a
                     in the European Court Reports)                         situation such as that in the main proceedings in which all the facts
                                                                            are confined to within a single Member State and which does not
                                                                            therefore have any connecting link with one of the situations envisaged
In Case C-64/98 P: Odette Nicos Petrides Co. Inc., established              by Community law in the area of the freedom of movement for
in Kavala (Greece), represented by Nikolaos Vassilakakis,                   persons and freedom to provide services.
Evangelos Vassilakakis, of the Thessaloniki Bar, and Evangelia
Pallioudi, of the Kavala Bar, with an address for service in
Luxembourg at the Chambers of Carlos Zeyen, 67 Rue                          (1) OJ C 209 of 4.7.1998.
Ermesinde — appeal against the judgment of the Court of First
Instance of the European Communities (Fourth Chamber) of