CELEX: C2000/259/02
Language: en
Date: 2000-09-09 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 June 2000 in Case C-348/97: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Trade with the German Democratic Republic prior to German reunification — Regulation (EEC) No 2252/90 — Abolition of customs formalities — Failure to charge import levies in inter-German trade — Failure to make own resources available to the Commission)

9.9.2000                EN                      Official Journal of the European Communities                                               C 259/1
                                                                          I
                                                                    (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                             of Article 4(1) of Council Directive 96/43/EC of 26 June
                                                                                    1996 amending and consolidating Directive 85/73/EEC in
                                                                                    order to ensure financing of veterinary inspections and controls
                          (First Chamber)                                           on live animals and certain animal products and amending
                                                                                    Directives 90/675/EEC and 91/496/EEC, Ireland has failed
                                                                                    to fulfil its obligations under that subparagraph;
                           of 8 June 2000
                                                                              2.    Orders Ireland to pay the costs.
in Case C-190/99: Commission of the European Communi-
                          ties v Ireland (1)                                  (1) OJ C 226 of 7.8.1999.
(Failure of a Member State to fulfil obligations — Directive
96/43/EC — Failure to transpose within the prescribed
                               period)
                          (2000/C 259/01)                                                         JUDGMENT OF THE COURT
                                                                                                           (Fifth Chamber)
                    (Language of the case: English)
                                                                                                           of 15 June 2000
                                                                              in Case C-348/97: Commission of the European Communi-
                                                                                           ties v Federal Republic of Germany(1)
In Case C-190/99: Commission of the European Communities                      (Failure of a Member State to fulfil its obligations — Trade
(Agent: P. Oliver) v Ireland (Agent: M.A. Buckley) — appli-                   with the German Democratic Republic prior to German
cation for a declaration that, by failing to adopt the laws,                  reunification — Regulation (EEC) No 2252/90 — Abolition
regulations or administrative provisions necessary to comply                  of customs formalities — Failure to charge import levies in
with Council Directive 96/43/EC of 26 June 1996 amending                      inter-German trade — Failure to make own resources
and consolidating Directive 85/73/EEC in order to ensure                                           available to the Commission)
financing of veterinary inspections and controls on live
animals and certain animal products and amending Directives
90/675/EEC and 91/496/EEC (OJ 1996 L 162, p. 1) and/or by                                                  (2000/C 259/02)
failing to inform the Commission thereof, Ireland has failed to
fulfil its obligations under that directive — the Court (First
Chamber), composed of: L. Sevón, President of the Chamber,                                         (Language of the case: German)
P. Jann (Rapporteur) and M. Wathelet, Judges; J. Mischo, Advo-
cate General; R. Grass, Registrar, has given a judgment on
8 June 2000, in which it:                                                     (Provisional translation; the definitive translation will be published
                                                                                                    in the European Court Reports)
1.    Declares that, by failing to adopt within the prescribed periods
      the laws, regulations and administrative provisions necessary to        In Case C-348/97: Commission of the European Communities
      comply with the provisions referred to in the first subparagraph        (Agents: K.-D. Borchardt) v Federal Republic of Germany
 ---pagebreak--- C 259/2                  EN                     Official Journal of the European Communities                                             9.9.2000
(Agents: E: Röder and C.-D. Quassowski) — application for a                                 JUDGMENT OF THE COURT
declaration that, by allowing, contrary to Article 2 of Com-
mission Regulation (EEC) No 2252/90 of 31 July 1990 con-
                                                                                                     (Sixth Chamber)
cerning the methods of implementation of Council Regulation
(EEC) No 2060/90 on transitional measures concerning trade
with the German Democratic Republic in the agriculture and                                           of 15 June 2000
fisheries sector (OJ 1990 L 203, p. 61), goods for which a
refund had been granted on their importation from the                      in Case C-302/98 (reference for a preliminary ruling from
Netherlands to be brought into the Federal Republic of                     the Bundessozialgericht): Manfred Sehrer v Bundes-
Germany without a levy corresponding to the Community                                                 knappschaft (1)
level of prices being charged and made available to the
Community and by abolishing all customs formalities in inter-
German trade and by not adopting the measures required to                  (Freedom of movement for workers — Social security —
implement Regulation No 2252/90, the Federal Republic of                   Sickness insurance contributions levied by a Member State
Germany has failed to fulfil its obligations under the EC Treaty           on supplementary retirement pensions payable under an
— the Court (Fifth Chamber), composed of: J.C. Moitinho de                 agreement in another Member State — Basis for calculating
Almeida, President of the Sixth Chamber, acting as President               contributions — Taking into account of contributions
of the Fifth Chamber, L Sevón (Rapporteur), C. Gulmann,                            already deducted in that other Member State)
J.-P. Puissochet and M. Wathelet, Judges; A. Saggio, Advocate
General; R. Grass, Registrar, has given a judgment on 15 Feb-                                        (2000/C 259/03)
ruary 2000, in which it:
                                                                                              (Language of the case: German)
1.     Declares that, by allowing, contrary to Article 2 of Commission     (Provisional translation; the definitive translation will be published
       Regulation (EEC) No 2252/90 of 31 July 1990 concerning                                 in the European Court Reports)
       the methods of implementation of Council Regulation (EEC)
       No 2060/90 on transitional measures concerning trade with
       the German Democratic Republic in the agriculture and fisheries     In Case C-302/98: reference to the Court under Article 177 of
       sector (OJ 1990 L 203, p. 61), goods for which a refund had         the EC Treaty (now Article 234 EC) from the Bundessozialge-
       been granted on their exportation from the Netherlands to be        richt, Germany, for a preliminary ruling in the proceedings
       brought into the Federal Republic of Germany without a levy         pending before that court between Manfred Sehrer and
       corresponding to the Community level of prices being charged        Bundesknappschaft, joined party: Landesversicherungsanstalt
       and made available to the Community and by abolishing all           für das Saarland — on the interpretation of Articles 6, 48 and
       customs formalities in inter-German trade and by not adopting       49 of the EC Treaty (now, after amendment, Articles 12 EC,
       the measures required to implement Regulation No 2252/90,           39 EC and 40 EC), Article 50 of the EC Treaty (now Article 41
       the Federal Republic of Germany has failed to fulfil its            EC), Article 51 of the EC Treaty (now, after amendment,
       obligations under the EC Treaty;                                    Article 42 EC) and Article 3 of Council Regulation (EEC)
                                                                           No 1408/71 of 14 June 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 Regulation
                                                                           (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) —
2.     Orders the Federal Republic of Germany to pay the costs.            the Court (Sixth Chamber), composed of: J.C. Moitinho de
                                                                           Almeida, President of the Chamber, C. Gulmann, J.-P. Puisso-
                                                                           chet (Rapporteur), G. Hirsch and F. Macken, Judges; D. Ruiz-
                                                                           Jarabo Colomer, Advocate General; R. Grass, Registrar, has
                                                                           given a judgment on 15 June 2000, in which it has ruled:
                                                                           Article 48 of the EC Treaty (now, after amendment, Article 39 EC)
(1) OJ C 357 of 22.11.1997.                                                precludes a Member State from calculating the sickness insurance
                                                                           contributions of a retired worker subject to its legislation on the basis
                                                                           of the gross amount of the supplementary retirement pension payable
                                                                           under an agreement which that worker draws in another Member
                                                                           State, without taking account of the fact that a part of the gross
                                                                           amount of that pension has already been deducted by way of sickness
                                                                           insurance contributions in the latter State.
                                                                           (1) OJ C 299 of 26.9.1998.