CELEX: C2002/003/02
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 20 September 2001 in Case C-263/98: Kingdom of Belgium v Commission of the European Communities (EAGGF — Clearance of accounts — 1994 — Cereals, beef and veal)

C 3/2                    EN                       Official Journal of the European Communities                                           5.1.2002
     concerned, which significantly adds to their social protection,                          JUDGMENT OF THE COURT
     and (ii) the application of those rules by the first Member State
     is proportionate to the public interest objective pursued.
                                                                                                      (Sixth Chamber)
2.   (a)    Articles 59 and 60 of the Treaty do not preclude the
            extension of the rules of a Member State which provide                                 of 20 September 2001
            for a longer period of paid leave than that provided for by
            Council Directive 93/104/EC of 23 November 1993
            concerning certain aspects of the organisation of working        in Case C-263/98: Kingdom of Belgium v Commission of
            time to workers posted to that Member State by providers                          the European Communities (1)
            of services established in other Member States during the
            period of the posting.
                                                                             (EAGGF — Clearance of accounts — 1994 — Cereals, beef
                                                                                                           and veal)
     (b) Articles 59 and 60 of the Treaty do not preclude national
            rules from allowing businesses established in the Federal
            Republic of Germany to claim reimbursement of expendi-                                      (2002/C 3/02)
            ture on holiday pay and holiday allowances from the fund,
            whereas it does not provide for such a claim in the case of
            businesses established in other Member States, but instead                           (Language of the case: Dutch)
            provides for a direct claim by the posted workers against
            the fund, in so far as that is justified by objective
            differences between businesses established in the Federal
            Republic of Germany and those established in other               (Provisional translation; the definitive translation will be published
            Member States.                                                                      in the European Court Reports)
     (c)    It is for the national court to determine the type of
            information that the German authorities may reasonably
            require of providers of services established outside the         In Case C-263/98: Kingdom of Belgium (Agents: J. Devadder
            Federal Republic of Germany, having regard to the                and, subsequently, A. Snoecx, and H. Gilliams) v Commission
            principle of proportionality. For this purpose, the national     of the European Communities (Agent: H. van Vliet) —
            court should consider whether the objective differences          application for the partial annulment of Commission Decision
            between the position of businesses established in Germany        98/358/EC of 6 May 1998 on the clearance of the accounts
            and that of businesses established outside Germany               presented by the Member States in respect of the expenditure
            objectively require the additional information required of       for 1994 of the Guarantee Section of the European Agricultural
            the latter.                                                      Guidance and Guarantee Fund (EAGGF) (OJ 1998 L 163,
                                                                             p. 28), in so far as it disallows, in respect of the applicant,
                                                                             Community financing for the sum of BEF 382 208 436 by
                                                                             way of expenditure incurred for the advance payment of
                                                                             export refunds — the Court (Sixth Chamber), composed of:
3.   Articles 59 and 60 of the Treaty preclude the application of a          C. Gulmann, President of the Chamber, J.-P. Puissochet,
     Member State’s scheme for paid leave to all businesses                  R. Schintgen, F. Macken (Rapporteur) and J.N. Cunha Rodri-
     established in other Member States providing services to the            gues, Judges; S. Alber, Advocate General; H.A. Rühl, Principal
     construction industry in the first Member State where businesses        Administrator, for the Registrar, has given a judgment on
     established in the first Member State, only part of whose               20 September 2001, in which it:
     activities are carried out in that industry, are not all subject to
     that scheme in respect of their workers engaged in that industry.
                                                                             1.    Dismisses the application;
                                                                             2.    Orders the Kingdom of Belgium to pay the costs.
(1) OJ C 137 of 2.5.1998; OJ C 166 of 30.5.1998.
                                                                             (1) OJ C 278 of 5.9.1998.