CELEX: C1995/299/13
Language: en
Date: 1995-11-11 00:00:00
Title: Action brought on 14 August 1995 by Hedwig Kuchlenz-Winter against the Commission of the European Communities (Case C-281/95)

No C 299/ 8            EN                   Official Journal of the European Communities                                      11 . 11 . 95
     time Directive 76/769/EEC on the approximation of the                  control of classical swine-fever, the Italian Republic has
     laws, regulations and administrative provisions of the                 failed to fulfil its obligations under Article 2 of Directive
     Member States relating to restrictions on the marketing                91 /685;
     and use of certain dangerous substances and
     preparations, the Kingdom ofBelgium has failed to fulfil          2 . orders the Italian Republic to pay the costs.
     its obligations under the EC Treaty;
                                                                       (') OJ No C 304 , 29 . 10 . 1994 .
2 . orders the Kingdom of Belgium to pay the costs.
(') OJ No C 275 , 1 . 10 . 1994 , p . 21 .
                                                                       Action brought on 14 August 1995 by Hedwig
                                                                       Kuchlenz-Winter against the Commission of the European
                                                                                                    Communities
                                                                                                 ( Case C-281 /95 )
                                                                                                   ( 95/C 299/ 13 )
               JUDGMENT OF THE COURT
                        ( Sixth Chamber )                              An action against the Commission of the European
                      of 12 October 1995                               Communities was brought before the Court of Justice of the
                                                                       European Communities on 14 August 1995 by Hedwig
in    Case    C-257/94 :     Commission      of the    European        Kuchlenz-Winter, residing at Domaine du Brameschhof 35 ,
              Communities v. Italian Republic (')                      L-8290 Kehlen , represented by Dieter Rogalla ,
(Failure by a Member State to fulfil its- obligations —                Rechtsanwalt, Eicklohken 19 , D-45549 Sprockhovel , with
        Directive 91/685/EEC — Failure to transpose)                   an address for service in Luxembourg at the Chambers of
                          ( 95 /C 299/ 12 )                            Armin Machmer, Rue Roger Barthel 1 , L-7212
                                                                       Bereldange .
                 ( Language of the case: Italian)                      The applicant claims that the Court should :
(Provisional translation; the definitive translation will be           — declare that the Commission has unlawfully failed to act
          published in the European Court Reports)                          in relation to the applicant, inasmuch as, following the
                                                                            pension rights adjustment effected in her favour
                                                                            pursuant to paragraph 1587 et seq. of the Biirgerliches
In    Case    C-257/94 :     Commission      of the    European             Gesetzbuch ( German Civil Code ), the applicant should
                                                                            not have been excluded from the sickness insurance
Communities ( Agent: Eugenio de March ) v. Italian Republic
( Agents : Umberto Leanza and Maurizio Fiorilli ) —                         scheme, which the defendant prevented by unlawfully
application for a declaration that, by not adopting within                  failing to propose to the competent EC institutions the
the prescribed period the laws, regulations and                             corresponding amendments to the Staff Regulations of
administrative provisions necessary to comply with Council                  Officials ,
Directive 91 /685/EEC of 11 December 1991 amending
Directive 80/217/EEC introducing Community measures                    — order the defendant to pay the costs .
for the control of classical swine-fever ( OJ 1991 L377,p . 1 )
and with Council Directive 91 /688/EEC of 11 December                  Pleas in law and main arguments adduced in support:
 1991 amending Directive 72/462/EEC on health and
veterinary inspection problems upon importation of bovine ,            The applicant considers that the Commission is under an
ovine and caprine animals and swine , fresh meat or meat               obligation to cause the Rules on Sickness Insurance for
products from third countries ( OJ 1991 L 377, p. 18 ), the            Officials to be amended so as to provide that the divorced
 Italian Republic has failed to fulfil its obligations under the       spouse of an official who is entitled , in consequence of a
 EC Treaty — the Court ( Sixth Chamber ), composed of C. N.            pension rights adjustment effected pursuant to paragraph
 Kakouris, President of the Chamber, E. A. Schockweiler,                1587 et seq . of the German Civil Code , to part of the
 P. J. G. Kapteyn, J. L. Murray and H. Ragnemalm                        retirement pension of his or her former spouse should
 ( Rapporteur ), Judges; M. B. Elmer , Advocate-General ;              continue to enjoy the benefit of sickness insurance . She
 R. Grass, Registrar, has given a judgment on 12 October                maintains in particular that, in the absence of such a rule, she
 1995 , in which it:                                                    is obliged for practical purposes to remain in Luxembourg,
                                                                        since it is only there — by contrast with Germany — that she
                                                                        may voluntarily become a member of a statutory sickness
 1 . declares that, by not adopting within the prescribed               insurance scheme ; she regards this as constituting a breach
      period the laws, regulations and administrative                   of her right to freedom of movement .
      provisions necessary to comply with Council Directive
      91 /685/EEC of 1 1 December 1991 amending Directive
      80/217/EEC introducing Community measures for the