CELEX: C1998/258/08
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 June 1998 in Case C-206/96: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations - Non-transposition of Directive 76/464/EEC)

15.8.98               EN                  Official Journal of the European Communities                                     C 258/5
               JUDGMENT OF THE COURT                                               JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                     (Sixth Chamber)
                       of 11 June 1998
                                                                                           of 11 June 1998
in    Case C-206/96: Commission of the European
       Communities v Grand Duchy of Luxembourg (1)                   in Case C-275/96 (reference for a preliminary ruling from
                                                                     the Kammarrätt, Sundsvall): Anne Kuusijärvi v
(Failure by a Member State to fulfil its obligations Ð                                 Riksförsäkringsverket (1)
        Non-transposition of Directive 76/464/EEC)
                                                                     (Social security Ð Regulation (EEC) No 1408/71 Ð
                         (98/C 258/08)                               Personal scope Ð Parental benefit Ð Maintenance of
                                                                     entitlement to benefits after transfer of residence to
                                                                                        another Member State)
                (Language of the case: French)
                                                                                            (98/C 258/09)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                   (Language of the case: Swedish)
In Case C-206/96: Commission of the European
Communities (Agents: Richard Wainwright and Jean-
Francis Pasquier) v Grand Duchy of Luxembourg (Agent:
                                                                      (Provisional translation; the definitive translation will be
Nicolas Schmit) Ð application for a declaration that, by
                                                                              published in the European Court Reports)
failing to adopt programmes for the reduction of pollution
including quality objectives for water, alternatively, by
failing to communicate to the Commission summaries of
those programmes and the results of their implementation,
contrary to Article 7 of Council Directive 76/464/EEC of             In Case C-275/96: reference to the Court under Article 177
4 May 1976 on pollution caused by certain dangerous                  of the EC Treaty from the Kammarrätt (Administrative
substances discharged into the aquatic environment of the            Court of Appeal), Sundsvall, Sweden, for a preliminary
Community (OJ L 129 of 18.5.1976, p. 23), the Grand                  ruling in the proceedings pending before that Court
Duchy of Luxembourg has failed to fulfil its obligations             between Anne Kuusijärvi and Riksförsäkringsverket Ð on
under the EC Treaty Ð the Court (Sixth Chamber),                     the interpretation of a number of provisions of Council
composed of: H. Ragnemalm, President of the Chamber,                 Regulation (EEC) No 1408/71 of 14 June 1971 on the
R. Schintgen, G. F. Mancini, J. L. Murray and G. Hirsch              application of social security schemes to employed
(Rapporteur), Judges; G. Tesauro, Advocate General;                  persons, to self-employed persons and to members of their
D. Louterman-Hubeau, Principal Administrator, for the                families moving within the Community, and of Council
Registrar, has given a judgment on 11 June 1998, in                  Regulation (EEC) No 574/72 of 21 March 1972 laying
which it:                                                            down the procedure for implementing Regulation
                                                                     No 1408/71, as amended and updated by Council
                                                                     Regulation (EEC) No 2001/83 of 2 June 1983 (OJ L 230
                                                                     of 22.8.1983, p. 6), and further amended by Council
1. Declares that, by failing to adopt programmes to
                                                                     Regulation (EEC) No 2195/91 of 25 June 1991 (OJ L 206
     reduce pollution in respect of 99 substances within
                                                                     of 29.7.1991, p. 2) Ð the Court (Sixth Chamber),
     List I in the annex to Council Directive 76/464/EEC
                                                                     composed of: H. Ragnemalm, President of the Chamber,
     of 4 May 1976 on pollution caused by certain
                                                                     R. Schintgen (Rapporteur), G. F. Mancini, J. L. Murray
     dangerous substances discharged into the aquatic
                                                                     and G. Hirsch, Judges; F. G. Jacobs, Advocate General; H.
     environment of the Community which require,
                                                                     von Holstein, Deputy Registrar, for the Registrar, has
     according to the first indent in List II, to be treated
                                                                     given a judgment on 11 June 1998, in which it has ruled:
     as substances in the latter list, the Grand Duchy of
     Luxembourg has failed to fulfil its obligations under
     the said Directive;
                                                                     1. Council Regulation (EEC) No 1408/71 of 14 June
2. Dismisses the remainder of the application;                           1971 on the application of social security schemes to
                                                                         employed persons, to self-employed persons and to
                                                                         members of their families moving within the
                                                                         Community, as amended and updated by Council
3. Orders the Grand Duchy of Luxembourg to pay the
                                                                         Regulation (EEC) No 2001/83 of 2 June 1983, applies
     costs.
                                                                         to a person who, on the entry into force of that
                                                                         regulation in a Member State, was residing in that
(1) OJ C 269 of 14.9.1996.                                               State as an unemployed person, having previously
                                                                         been in employment there, and who, by reason of that
                                                                         employment, was receiving unemployment benefit
                                                                         under the social security scheme of that Member State.