CELEX: C1995/299/11
Language: en
Date: 1995-11-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 October 1995 in Case C-236/94: Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil obligations - Directive 91/339/EEC - Non-transposition)

11 . 11 . 95           tN                   Official Journal of the European Communities                                   No C 299/7
2 . Council Directive 92/106/EEC of 7 December 1992 on                        of Article 5 (1 ) (a), is not applicable to customs
      the establishment of common rules for certain types of                  transactions in respect of goods from non-member
      combined transport of goods between Member States                       countries , in particular members of EETA ;
      does not apply to combined transport of goods between
      third   countries   and    Member     States  and      Council
                                                                         2 . the Member States are not entitled unilaterally to impose
      Regulation (EEC) No 4055/86 of 22 December 1986                         charges having equivalent effect in trade with
      applying the principle of freedom to provide services                   non-member countries. Where the prohibition of such
      to maritime transport between Member States and                         charges is contained in bilateral or multilateral
      between Member States and third countries does not
                                                                              agreements concluded by the Community with one or
      apply to the transportation by road of goods unloaded                   more non-member countries with a view to eliminating
      from the vessel.                                                        obstacles to trade and in the Council Regulations
                                                                              providing for common organization of the markets in
(') O J No C 146 , 28 . 5 . 1994 .                                            various agricultural products regarding trade with
                                                                              non-member countries, the scope of that prohibition is
                                                                              the same as in the case of intra - Community trade.
                                                                         (') OJ No C : 174 , 25 . 6 . 1994 .
                JUDGMENT OF THE COURT
                         ( Sixth Chamber )
                        of 5 October 1995
in Case C-125 /94 ( reference for a preliminary ruling from                              JUDGMENT OF THE COURT
the Giudice Conciliatore, Milan ): Aprile Srl, in liquidation ,                                    ( Sixth Chamber )
        v. Amministrazione delle Finanze dello Stato (')
                                                                                                 of 12 October 1995
(Charges having equivalent effect — Prohibition —
 Whether applicable to trade with non-member countries)                  in    Case C-236/94 : Commission of the European
                           ( 95/C 299/ 10 )
                                                                                     Communities v. Kingdom of Belgium (')
                                                                         (Failure to fulfil obligations — Directive 91/339/EEC —
                                                                                                  Non-transposition)
                 (Language of the case: Italian)
                                                                                                     ( 95 /C 299/ 1 1 )
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                                         (Language of the case: French)
In Case C - 125 /94 : reference to the Court under Article 177           (Provisional translation; the definitive translation will be
of the EEC Treaty from the Giudice Conciliatore                                     published in the European Court reports)
(Judge-Conciliator ), Milan , for a preliminary ruling in the
proceedings pending before that court between Aprile Sri , in            In Case C-236/94 : Commission of the European
liquidation , and Amministrazione delle Finanze dello Stato              Communities ( Agent: Hendrik van Eier ) v. Kingdom of
— on the interpretation of Articles 3 ( a ) and ( h ), 5 , 9 , 11 , 12 , Belgium ( Agent: Jan Devadder ) — application for a
13 , 16 and 189 of the EEC Treaty and Council Directive                  declaration that, by not adopting and, in the alternative, by
83 /643 /EEC of 1 December 1983 on the facilitation of                   not communicating to the Commission within the
physical inspections and administrative formalities in                   prescribed period the laws, regulations and administrative
respect of the carriage of goods between Member States ( OJ              provisions necessary to comply with Council Directive
 1983 L 359 , p. 8 ), as amended by Council Directive                    91 /339/EEC of 18 June 1991 amending for the 11th time
87/53/EEC of 15 December 1986 ( OJ 1987 L 24 , p. 33 ) —                 Directive 76/769/EEC on the approximation of the laws,
the Court ( Sixth Chamber ), composed of F. A. Schockweiler              regulations and administrative provisions of the Member
( Rapporteur ), President of the Chamber, C. N. Kakouris,                States relating to restrictions on the marketing and use of
J. L. Murray , G. Hirsch and H. Ragnemalm, Judges;                       certain dangerous substances and preparations ( OJ 1991
D. Ruiz-Jarabo Colomer, Advocate-General ; L. Hewlett,                    L 1 86 , p. 64 ), the Kingdom of Belgium has failed to fulfil its
Administrator, for the Registrar, has given a judgment on                obligations under the EC Treaty — the Court ( Sixth
5 October 1995 , in which it rules :                                     Chamber ), composed of C. N. Kakouris , President of the
                                                                         Chamber, G. Hirsch ( Rapporteur ), G. F. Mancini , F. A.
                                                                         Schockweiler and P. J. G. Kapteyn , Judges ; G. Tesauro,
 1 . without prejudice to the application of special                     Advocate-General ; R. Grass, Registrar, has given a
      Community provisions in force governing trade with                 judgment on 12 October 1995 , in which it:
      certain   non-member countries,         Council Directive
      83/643 /EEC of 1 December 1983 on the facilitation of
      physical inspections and administrative formalities in              1 . declares that, by not adopting within the prescribed
      respect of the carriage ofgoods between Member States,                  period the laws, regulations and administrative
      as amended by Council Directive 87/53/EEC of                            provisions necessary to comply with Council Directive
       15 December 1986 , in particular the second indent                      91 /339/EEC of 18 June 1991 amending for the 11th
 ---pagebreak--- 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