CELEX: C1999/204/37
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 3 June 1999 in Case C-417/97: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations - Transferable securities - Investment services - Directive 93/22/EEC - Partial implementation)

17.7.1999               EN                      Official Journal of the European Communities                                            C 204/19
2. In the absence of full harmonisation of language requirements           The decision by a person employed in a consular post to opt, in
    applicable to information appearing on imported products, the          accordance with Article 16(2), first sentence, of Council Regulation
    Member States may adopt national measures requiring such               (EEC) No 1408/71 of 14 June 1971 on the application of social
    information to be given in the language of the area in which the       security schemes to employed persons, to self-employed persons and
    products are sold or in another language which may be readily          to members of their families moving within the Community, as
    understood by consumers in that area, provided that those              amended and updated by Council Regulation (EC) No 118/97 of 2
    national measures apply without distinction to all national and        December 1996, to be subject to the social security legislation of the
    imported products and are proportionate to the objective of            sending Member State of which he is a national does not have the
    consumer protection which they pursue. They must, in particular,       effect that his spouse may no longer claim a social security advantage
    be restricted to information which the Member State makes              which, irrespective of the social cover of her spouse, is guaranteed to
    mandatory and which cannot be appropriately conveyed to                her by the legislation of the Member State in which she resides.
    consumers by means other than translation.
                                                                           (1) OJ C 228 of 26.7.1997.
(1) OJ C 94 of 22.3.1997.
                                                                                             JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT
                                                                                                    (Fourth Chamber)
                          (Fifth Chamber)
                                                                                                       of 3 June 1999
                           of 3 June 1999
                                                                           in Case C-417/97: Commission of the European Communi-
in Case C-211/97 (reference for a preliminary ruling from                               ties v Grand Duchy of Luxembourg (1)
the Landessozialgericht Niedersachsen): Paula Gómez
             Rivero v Bundesanstalt für Arbeit (1)
                                                                           (Failure of a Member State to fulfil its obligations —
                                                                           Transferable securities — Investment services — Directive
(Social security — Article 16(2), first sentence, of Regulation
                                                                                         93/22/EEC — Partial implementation)
      (EEC) No 1408/71 — Right of option — Effects)
                          (1999/C 204/36)                                                             (1999/C 204/37)
                   (Language of the case: German)                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                              in the European Court Reports)
In Case C-211/97: reference to the Court under Article 234                 In Case C-417/97, Commission of the European Communities
EC (ex Article 177) by the Landessozialgericht Niedersachsen               (Agent: Christina Tufvesson) v Grand Duchy of Luxembourg
(Higher Social Court, Lower Saxony) (Germany) for a prelimi-               (Agent: Nicolas Schmit) — application for a declaration that,
nary ruling in the proceedings pending before that court                   by failing to bring into force within the prescribed period all
between Paula Gómez Rivero and Bundesanstalt für Arbeit,                  the laws, regulations and administrative provisions, including
joined party: Federal Republic of Germany — on the interpret-              any relevant sanctions, necessary for it to comply with Council
ation of Article 16(2), first sentence, of Council Regulation              Directive 93/22/EEC of 10 May 1993 on investment services
(EEC) No 1408/71 of 14 June 1971 on the application of                     in the securities field (OJ 1993 L 141, p. 27), the Grand Duchy
social security schemes to employed persons, to self-employed              of Luxembourg has failed to fulfil its obligations under Article
persons and to members of their families moving within the                 31 of that directive — the Court (Fourth Chamber), composed
Community, as amended and updated by Council Regulation                    of: P.J.G. Kapteyn, President of the Chamber, J.L. Murray
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —                   (Rapporteur) and H. Ragnemalm, Judges; A. Saggio, Advocate
the Court (Fifth Chamber), composed of: P. Jann, President of              General; R. Grass, Registrar, has given a judgment on 3 June
the First Chamber, acting as President of the Fifth Chamber,               1999, in which it:
C. Gulmann, D.A.O. Edward (Rapporteur), L. Sevón and
M. Wathelet, Judges; F.G. Jacobs, Advocate General; R. Grass,              1. Declared that, by failing to bring into force within the prescribed
Registrar, has given a judgment on 3 June 1999, in which it                     period all the laws, regulations and administrative provisions,
held that:                                                                      including any relevant sanctions, necessary for it to comply with
 ---pagebreak--- C 204/20                  EN                     Official Journal of the European Communities                                          17.7.1999
     Council Directive 93/22/EEC of 10 May 1993 on investment               1. Declared that, by failing to take, in the old Länder, the steps
     services in the securities field, the Grand Duchy of Luxembourg            necessary to ensure that the quality of bathing water conforms to
     has failed to fulfil its obligations under Article 31 of that              the limit values set under Article 3 of Council Directive
     directive.                                                                 76/160/EEC of 8 December 1975 concerning the quality of
                                                                                bathing water within a period of ten years following its
2. Ordered the Grand Duchy of Luxembourg to pay the costs.                      notification on 10 December 1975, and by not adhering to the
                                                                                minimum sampling frequency prescribed in the annex, the Federal
                                                                                Republic of Germany has failed to fulfil its obligations under
                                                                                Articles 4(1) and 6(1) of that directive:
(1) OJ C 41 of 7.2.1998.
                                                                            2. Ordered the Federal Republic of Germany to pay the costs.
                                                                            (1) OJ C 212 of 12.7.1997.
                   JUDGMENT OF THE COURT
                            (Fifth Chamber)                                                      ORDER OF THE COURT
                             of 8 June 1999                                                          (Second Chamber)
                                                                                                      of 3 March 1999
in Case C-198/97: Commission of the European Communi-
              ties v Federal Republic of Germany(1)
                                                                            in Case C-315/97 P: Diego Echauz Brigaldi and Others v
                                                                                    Commission of the European Communities (1)
(Failure by a Member State to fulfil its obligations —
Directive 76/160/EEC — Quality of bathing water —
Admissibility of an action brought pursuant to Article 226                  (Appeal — Officials — Decisions of the Commission
EC (ex Article 169) — Reasoned opinion — Observance of                      refusing to grant special leave for elections and travelling
the principle of the collegiality of the Commission —                       time — Appeal manifestly inadmissible and manifestly
                                                                                                          unfounded)
Failure to comply with Articles 4(1) and 6(1) of Directive
                              76/160/EEC)
                                                                                                       (1999/C 204/39)
                            (1999/C 204/38)
                                                                                                (Language of the case: Spanish)
                    (Language of the case: German)
                                                                            (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-315/97 P: Diego Echauz Brigaldi, César Montoliu
                                                                            Garcı́a, Marı́a Jesús Ruı́z Monroy, Carmen Ochoa de Michelena,
                                                                            Marı́a Carmen Labrador Rubio and Leopoldo Fabra Utray,
In Case C-198/97, Commission of the European Communities                    officials of the Commission of the European Communities,
(Agent: Claudia Schmidt, assisted by Alexander Böhlke) v                    represented by Ramón Garcı́a-Gallardo Gil-Fournier, of the
Federal Republic of Germany (Agents: Ernst Röder and Claus-                 Burgos and Madrid Bars, with an address for service in Brussels
Dieter Quassowski) — application for a declaration that, by                 at the Chambers of J. and B. Cremades and Associates, 391
failing to take, in the old Länder, the steps necessary to ensure           Avenue Louise — appeal against the judgment of the Court of
that the quality of bathing water conforms to the limit values              First Instance of the European Communities (Fourth Chamber)
set under Article 3 of Council Directive 76/160/EEC of 8                    of 9 July 1997 in Case T-156/95 Echauz Brigaldi and Others v
December 1975 concerning the quality of bathing water (OJ                   Commission [1997] ECR-SC II-509, seeking to have that
1976 L 31, p. 1) within a period of 10 years following its                  judgment set aside, the other parties to the proceedings being
notification on 10 December 1975, and by not adhering to                    the Commission of the European Communities (Agent: Julian
the minimum sampling frequency prescribed in the annex, the                 Currall, assisted by José Rivas Andrés), defendant in the
Federal Republic of Germany has failed to fulfil its obligations            proceedings at first instance, and José Luis Buendı́a Sierra,
under Articles 4(1) and 6(1) of that directive — the Court                  Victoria Pagadigorria Wicke, Miguel Abellán López, Inmacula-
(Fifth Chamber), composed of: J.-P. Puissochet, President of the            da Gil Tardón, Antonio Garcı́a Velázquez, Carmen Casado
Chamber, P. Jann, J.C. Moitinho de Almeida (Rapporteur),                    Salinas, Diego González Marı́n, Eva Marı́a Rasines Martı́n and
C. Gulmann and D.A.O. Edward, Judges; F.G. Jacobs, Advocate                 Julio Vizcarra Soriano, officials of the Commission of the
General; R. Grass, Registrar, has given a judgment on 8 June                European Communities, applicants in the proceedings at first
1999, in which it:                                                          instance — the Court (Second Chamber), composed of: