CELEX: C1996/336/09
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT of 2 July 1996 in Case C-173/94: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Freedom of movement for persons - Employment in the public service)

9 . 11 . 96              EN                      Official Journal of the European Communities                                        No C 336/5
2 . Orders the Grand Duchy of Luxembourg to pay the                               1968 on freedom of movement for workers within the
      costs .                                                                     Community;
(') OJ No C 59 , 26 . 2 . 1994 .                                            2 . Orders the Kingdom of Belgium to pay the costs.
( 2 ) OJ , English Special Edition, 1968 ( II ), p. 475 .
                                                                            (') OJ No C 218 , 6 . 8 . 1994 .
                                                                            ( 2 ) OJ , English Special Edition 1968 ( II ), p. 475 .
                 JUDGMENT OF THE COURT
                           of 2 July 1996
                                                                                             JUDGMENT OF THE COURT
       in Case C-l 73/94: Commission of the European
             Communities v. Kingdom of Belgium (*)                                                     of 2 July 1996
(Failure of a Member State to fulfil its obligations —                             in Case C-290/94 : Commission of the European
Freedom of movement for persons — Employment in the                                       Communities v. Hellenic Republic ( ] )
                            public service)                                 (Failure of a Member State to fulfil its obligations —
                            ( 96/C 336/09 )                                 Freedom of movement for persons — Employment in the
                                                                                                       public service)
                                                                                                        ( 96/C 336/10 )
                  (Language of the case: French)
                                                                                               (Language of the case: Greek)
(Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                            (Provisional translation; the definitive translation will be
                                                                                       published in the European Court Reports)
In Case C-l 73/94 : Commission of the European
Communities ( Agent: Dimitrios Gouloussis ) v. Kingdom of
Belgium ( Agent: Patrick Duray ) — Application for a                        In Case C-290/94 : Commission of the European
declaration that, by maintaining a nationality requirement                  Communities ( Agent: Maria Patakia ) v. Hellenic Republic
in relation to workers who are nationals of other Member                    ( Agents : Aikaterini Samoní-Rantou and Stamatina Vodina )
States as regards access to employment as officials or public              — Application for a declaration that, by imposing a Greek
employees of the public bodies responsible for the                          nationality condition in relation to workers who are
distribution of water, gas and electricity ( for example,                   nationals of other Member States as regards access to
Compagnie Intercommunale Bruxelloise des Eaux, Vlaamse                      employment in public, semi-public or municipal
Maatschappij voor Watervoorziening, Unerg, Sibelgaz,                        undertakings and companies distributing water, gas and
etc .), the Kingdom of Belgium has failed to fulfil its                     electricity, in the operational sectors of the public health
obligations pursuant to Article 48 of the EC Treaty and                     service, to teacher posts in nursery, primary and secondary
Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of                schools and higher education establishments and
15 October 1968 on freedom of movement for workers                          universities subject to the Ministry of National Education,
within the Community ( 2 ) — the Court composed of: G. C.                   to posts in air and sea transport services , companies or
Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.                     organizations, in the Greek National Railways ( OSE ), and
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of                     in the public or municipal bodies, companies and
Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.                        undertakings providing public city and intercity transport
Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L.                   services, to posts for scientific and non-scientific staff in
Murray, P. Jann ( Rapporteur ), H. Ragnemalm, L. Sevón                      public establishments conducting research for non-military
and M. Wathelet, Judges ; Advocate-General : P. Leger,                      purposes, to posts in public or semi-public bodies or
Registrar:         D.        Loutermann-Hubeau,              Principal      undertakings providing postal services ( ELTA ),
Administrator, has given a judgment on 2 July 1996 , in                    telecmmunications services ( OTE ) and radio and television
which it :                                                                  broadcasting services ( ET), and as regards access to
                                                                           musicians' posts at the Athens Opera and in municipal and
                                                                            local orchestras, the Hellenic Republic has failed to fulfil its
1 . Declares that, in not restricting the requirement of                    obligations pursuant to Article 48 of the EC Treaty and
      Belgian nationality to access to posts which, in the                 Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of
      public legal entities responsible for the distribution of             15 October 1968 on freedom of movement for workers
      water, gas and electricity, involve direct or indirect               within the Community ( 2 ) — the Court composed of: G. C.
      participation in the exercise of powers conferred by                  Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
      public law and duties designed to safeguard the general               Edward , J. -P. Puissochet and G. Hirsch ( Presidents of
      interests of the State or of other public authorities, the            Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.
      Kingdom of Belgium has failed to fulfil its obligations              Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann,
      pursuant to Article 48 of the EC Treaty and Article 1 of             J. L. Murray, P. Jann ( Rapporteur ), H. Ragnemalm,
      Council Regulation (EEC) No 1612/68 of 15 October                     L. Sevón and M. Wathelet, Judges; Advocate-General :