CELEX: C1999/188/37
Language: en
Date: 1999-07-03 00:00:00
Title: Case C-137/99: Action brought on 19 April 1999 by the Commission of the European Communities against the Hellenic Republic

C 188/16               EN                       Official Journal of the European Communities                                      3.7.1999
Does European law require a period of child-rearing under                  Action brought on 19 April 1999 by the Commission of
German law prior to 1 January 1986 to be taken into account                the European Communities against the Hellenic Republic
if the child was in fact raised in another Member State (in this
case France) but the parent who brought the child up was
                                                                                                     (Case C-137/99)
engaged in occupational activity as a cross-border worker
subject to compulsory insurance in the Federal Republic of
Germany until the start of the maternal protection period and                                        (1999/C 188/37)
after the end of her maternity leave as well?
                                                                           An action against the Hellenic Republic was brought before
                                                                           the Court of Justice of the European Communities on 19 April
                                                                           1999 by the Commission of the European Communities,
                                                                           represented by Maria Kondou-Durande, of its legal Service,
                                                                           with an address for service in Luxembourg at the office of
                                                                           Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                           Kirchberg.
                                                                           The Commission claims that the Court should:
Reference for a preliminary ruling from the French
Conseil d’Etat (Council of State) (Judicial Section, Ninth                 1. declare that, by not adopting the laws, regulations and
and Eighth Sub-Sections) by order of that court of 5 March                      administrative provisions required to comply with Council
1999 in the case of Ministre du Budget and Ministre de                          Directive 96/43/EC (1) of 26 June 1996 amending and
l’Economie et des Finances v Société Monte Dei Paschi Di                        consolidating Directive 85/73/EEC in order to ensure
                               Siena                                            financing of veterinary inspections and controls on live
                                                                                animals and certain animal products and amending Direc-
                                                                                tives 90/675/EEC and 91/496/EEC, for the protection of
                         (Case C-136/99)                                        animals during transportation, the Hellenic Republic has
                                                                                failed to fulfil its obligations under the Treaty and that
                                                                                directive;
                         (1999/C 188/36)
                                                                           2. order the Hellenic Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by an order of the French Conseil                     Pleas in law and main arguments
d’Etat (Council of State) (Judicial Section, Ninth and Eighth
Sub-Sections) of 5 March 1999, which was received at the
Court Registry on 19 April 1999, for a preliminary ruling in               The Member States are required by the binding character of
the case of Ministre du Budget and Ministre de l’Economie et               the third paragraph of Article 189 and of Article 5 of the EC
des Finances v Société Monte Dei Paschi Di Siena.                          Treaty to adopt the measures needed to transpose directives
                                                                           into national law before the expiry of the period laid down for
                                                                           that purpose and to communicate those measures immediately
The French Conseil d’Etat is asking the Court of Justice to rule           to the Commission. That period expired on 1 July 1997
on the question whether or not the provisions of the Eighth                without the Hellenic Republic having communicated to the
Council Directive 79/1072/EEC of 6 December 1979 (1)have                   Commission the provisions transposing the directive at issue
the effect of granting to taxable persons established in a                 into national law.
Member State of the Community where they are taxed only on
a part of their turnover a right to a partial refund of the tax            (1) OJ No L 162, 1.7.1996, p. 1.
charged in another Member State in respect of goods or
services which they have used in order to carry out, in the
State in which they are established, transactions of which some
are not taxed. If they do, to what method of determining the
portion of refundable tax do those provisions refer, and, in
particular, is that portion to be determined according to the
rules applicable in the State where the taxable person is
established, or according to the rules in force in the State
required to make the refund?                                               Action brought on 19 April 1999 by the Commission of
                                                                           the European Communities against the Grand Duchy of
                                                                                                       Luxembourg
(1) Eighth Council Directive 79/1072/EEC of 6 December 1979 on
    the harmonisation of the 1aws of the Member States relating to                                   (Case C-138/99)
    turnover taxes — Arrangements for the refund of value added tax
    to taxable persons not established in the territory of the country
    (OJ 1979 L 331, p. 11).                                                                          (1999/C 188/38)
                                                                           An action against the Grand Duchy of Luxembourg was
                                                                           brought before the Court of Justice of the European Communi-
                                                                           ties on 19 April 1999 by the Commission of the European