CELEX: C1995/229/05
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 15 June 1995 in Case C-220/94: Commission of the European Communities v. Grand Duchy of Luxembourg (Failure to fulfil obligations - Directive 92/44/EEC - Telecommunications - Open network provision for leased lines)

2 . 9 . 95             EN                      Official Journal of the European Communities                                 No C 229/3
      concerned to hold a work permit or a residence permit                 ( Rapporteur) and J. L. Murray, Judges; M. B. Elmer,
      issued by the authorities in the host State in order to              Advocate-General; D. Louterman-Hubeau, Principal
      carry out his work . The fact that such employment exists            Administrator, for the Registrar, gave a judgment on
      necessarily implies the recognition ofa right ofresidence             15 June 1995 , the operative part of which is as follows :
      for the person concerned;
                                                                           Community law does not preclude a court which has made a
 3 . Article 6 (2) of Decision No 1 /80 does not confer on a               preliminary reference from finding that in national law the
      Turkish national who has belonged to the legitimate                  claims of the appellants have been acceded to and, where
      labour force ofa Member State the right to remain in the             appropriate, that the main proceedings are thereby
      territory of that State following an accident at work                terminated. As long as the court which made the reference
      rendering him permanently incapacitated for work .                   has not found that in national law the fact that the claims
                                                                           have been acceded to has not so terminated the proceedings,
                                                                           the Court has no jurisdiction to give a ruling on the
(!) OJ No C 338 , 15 . 12 . 1993 .                                         questions referred to it.
( 2 ) OJ No 217, 29 . 12 . 1964 , p . 3685/64 .
                                                                           ( 1 ) OJ No C 316 , 23 . 11 . 1993 .
                                                                           ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .
                JUDGMENT OF THE COURT
                        ( Fourth Chamber )
                          of 15 June 1995                                                 JUDGMENT OF THE COURT
in Joined Cases C-422/93 , C-423/93 and C-424/93                                                    ( Fifth Chamber)
(references for a preliminary ruling from the Tribunal
Superior de Justicia de la Comunidad Autónoma del País                                              of 15 June 1995
Vasco ( Spain ): Teresa Zabala Erasun v. Instituto Nacional                       in Case C-220/94: Commission of the European
de Empleo; Elvira Encabo Terrazos v. Instituto Nacional de                        Communities v. Grand Duchy of Luxembourg ( 1 )
Empleo; and Francisco Casquero Carrillo v. Instituto                       (Failure to fulfil obligations — Directive 92/44/EEC —
                     Nacional de Empleo i 1 )                              Telecommunications — Open network provision for leased
(Preliminary reference — Conditions under which court of                                                   lines)
reference should maintain its reference — Scope of the                                                 95/C 229/05 )
                       Court's jurisdiction)
                           ( 95/C 229/04 )
                                                                                           (Language of the case: French)
                 (Language of the case: Spanish)
                                                                           (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-220/94 : Commission of the European
                                                                          Communities (Agents: Anders C. Jessen and J.-F . Pasquier )
In Joined Cases C-422/93 , C-423/93 and C-424/93 :                        v. Grand Duchy of Luxembourg ( Agent: N. Schmit ) —
references to the Court under Article 177 of the EC Treaty                application for a declaration that, by failing to adopt within
by the Tribunal Superior de Justicia de la Comunidad                      the prescribed period the laws, regulations and
Autonoma del Pais Vasco ( Spain ) for a preliminary ruling in             administrative provisions needed to comply with Council
the proceedings pending before that court between Teresa                  Directive 92/44/EEC of 5 June 1992 on the application of
Zabala Erasun and Instituto Nacional de Empleo, Elvira                    open network provision to leased lines ( 2 ) or, alternatively,
Encabo Terrazos and Instituto Nacional de Empleo, and                     by failing to inform the Commission forthwith of such
Francisco Casquero Carrillo and Instituto Nacional de                     measures, the Grand Duchy of Luxembourg has failed to
Empleo on the interpretation of Articles 4(1 ) ( g ), 4 ( 2 ), 5          fulfil its obligations under the third paragraph of Article 1 89
and 97 of Council Regulation ( EEC ) No 1408/71 of 14 June                of the EC Treaty and under Article 15 of that Directive —
1971 on the application of social security schemes to                     the Court ( Fifth Chamber ), composed of: C. Gulmann,
employed persons, to self-employed persons and to                         President of the Chamber, P. Jann, J. C. Moitinho de
members of their families moving within the Community, as                 Almeida , D. A. O. Edward ( Rapporteur ) and L. Sevon,
codified by Council Regulation ( EEC ) No 2001 /83 of 2 June              Judges; M. B. Elmer, Advocate-General; L. Hewlett,
1983 ( 2 ) — the Court ( Fourth Chamber ), composed of:                   Administrator, for the Registrar, has given a judgment on
P. J. G. Kapteyn, President of the Chamber, C. N. Kakouris                 15 June 1995 ; in which it:
 ---pagebreak--- No C 229/4              EN                   Official Journal of the European Communities                                          2 . 9 . 95
1 . declares that, by failing to adopt within the prescribed                            JUDGMENT OF THE COURT
      period the laws, regulations and administrative                                               of 29 June 1995
      provisions necessary to comply with Council Directive
      92/44/EEC of 5 June 1992 on the application of open               in Case C-135/93 : Kingdom of Spain v. Commission of the
      network provisions to leased lines, the Grand Duchy of                                European Communities 0 )
      Luxembourg has failed to fulfil its obligations under             (Action for annulment — Act adopted on the basis
      Article IS of that Directive;                                     of Article 93 (1) of the EC Treaty — Extension —
                                                                                                     Admissibility)
2 . orders the Grand Duchy of Luxembourg to pay the                                                  ( 95/C 229/07 )
       costs .
                                                                                         (Language of the case: Spanish)
(') OJ No C 254 , 10 . 9 . 1994 .                                       (Provisional translation; the definitive translation will be
( 2 ) OJ No L 165 , 19 . 6 . 1992 , p . 27 .                                       published in the European Court Reports)
                                                                        In Case C-135/93 : Kingdom of Spain ( Agents : Alberto
                                                                        Navarro Gonzalez and Miguel Bravo-Ferrer Delgado,
                                                                        Abogado del Estado ) v. Commission of the European
                                                                        Communities ( Agents : Francisco Enrique Gonzalez Diaz
                                                                        and Michel Nolin ) — application for 1 . a declaration that
                                                                        the Commission 's decision of 23 December 1992 not to
                JUDGMENT OF THE COURT                                   modify the Community framework for State aid to the
                          of 29 June 1995                               motor vehicle industry and to extend its validity until the
        in Case C-391/92 : Commission of the European                   Commission organized a review of it is non-existent or, if
               Communities v. Hellenic Republic ( J )                   appropriate, the annulment of that decision, and 2 . the
 (Free movement ofgoods — Processed milk for infants —                  annulment of the extension of the said framework by
                                                                        Decision 91 /C 81 /05 ( 2 ) in so far as that decision is the basis
      Prohibition of marketing other than by pharmacies)
                                                                        for the decision of 23 December 1992 — the Court,
                             ( 95/C 229/06                              composed of: G. C. Rodriguez Iglesias, President, F. A.
                                                                        Schockweiler ( Rapporteur) and P. J. G. Kapteyn ( Presidents
                 (Language of the case: Greek)                          of Chambers ), G. F. Mancini, C. N. Kakouris, J. C.
                                                                        Moitinho de Almeida, J. L. Murray, D. A. O. Edward,
                                                                        G. Hirsch, H. Ragnemalm and L. Sevón, Judges; C. O. Lenz,
 (Provisional translation; the definitive translation will be           Advocate-General; Registrar, R. Grass, has given a
           published in the European Court Reports)                     judgment on 29 June 1995 , in which it:
                                                                         1 . dismisses the application;
In Case C-391 /92 : Commission of the European
 Communities ( Agents : initially R. Pellicer and V. Melgar,            2 . orders the parties to bear their own costs.
 subsequently H. Van Lier and V. Melgar, assisted by N.
 Dontas , of the Athens Bar ) v. Hellenic Republic ( Agents :            f 1 ) OJ No C 139 , 18 . 5 . 1993 .
P. Kamarineas, P. Athanassoulis and C. Sitara ) —                        ( 2 ) OJ No C 81 , 26 . 3 . 1991 , p . 4 .
 application for a declaration that, by requiring that
 processed milk for infants should be sold exclusively by
 pharmacies under Article 10 of Ministerial Decision
 No A2/oik . 361 of 29 January 1988 , the Hellenic Republic                             JUDGMENT OF THE COURT
 has failed to fulfil its obligations under Article 30 of the EC                                  ( Fourth Chamber)
 Treaty — the Court, composed of: G. C. Rodriguez Iglesias,
 President, F. A. Schockweiler ( Rapporteur ), P. J. G.                                             of 29 June 1995
 Kapteyn, C. Gulmann and P. Jann ( Presidents of Chambers )              in Case C-437/93 ( reference for a preliminary ruling from
 G. F. Mancini , C. N. Kakouris, J. C. Moitinho de Almeida,              the Bundesfinanzhof): Hauptzollamt Heilbronn v. Temic
J. L. Murray, D. A. O. Edward, J. -P. Puissochet, G. Hirsch                          Telefunken Microelectronic GmbH ( l )
 and H. Ragnemalm, Judges; Advocate-General; C. O. Lenz;
 L. Hewlett, Administrator, for the Registrar, gave a                     (Customs inward processing relief arrangements —
 judgment on 29 June 1995 , in which it:                                 Discharge ofthe reliefarrangements by theplacing ofgoods
                                                                          under the system of processing under customs control —
                                                                                                 Quantitative limits)
  1 . dismisses the application;                                                                      ( 95/C 229/08 )
 2 . orders the Commission to pay the costs.                                             (Language of the case: German)
                                                                          (Provisional translation; the definitive translation will be
 (') OJ No C 326 , 11 . 12 . 1992 .                                                published in the European Court Reports)
                                                                          In Case C-437/93 : reference to the Court under Article 177
                                                                          of the EC Treaty by the Bundesfinanzhof ( Federal Finance