CELEX: C1998/299/02
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 9 July 1998 in Case C-323/97: Commission of the European Communities v. Kingdom of Belgium (Right to vote and to stand as a candidate in municipal elections)

C 299/2              EN                  Official Journal of the European Communities                                     26.9.98
(a) the judges of the small Chamber to which four judges            Sixth Chamber
    are attached, in order of seniority;
                                                                    (President: Mr Kapteyn)
(b) the judges of the other small Chamber, in the same              Judge Murray, Judge Ragnemalm, Judge Ioannou, Judge
    order.                                                          Mancini, Judge Hirsch and Judge Schintgen
                                                                    Appointment of the First Advocate General
For each case, the large Chamber shall be composed of:
                                                                    In accordance with Article 10(1) of the Rules of Procedure
Ð the President,                                                    the Court of Justice appointed Advocate General P. LeÂger
                                                                    as First Advocate General for a period of one year starting
                                                                    on 7 October 1998.
Ð the Judge-Rapporteur,
Ð three judges appointed in order from the list; the
    starting point on that list shall be moved down one
    name at each general meeting.                                                  JUDGMENT OF THE COURT
                                                                                           (Sixth Chamber)
Any judges prevented from sitting shall be replaced in                                      of 9 July 1998
order from the list. However, should the President of the
large Chamber be prevented from sitting, he must be                 in    Case   C-323/97: Commission of the European
replaced if possible by the President of the small Chamber.                    Communities v. Kingdom of Belgium (1)
                                                                    (Right to vote and to stand as a candidate in municipal
                                                                                               elections)
If the Court, or a Chamber, deems it appropriate to hear
                                                                                             (98/C 299/02)
and determine two or more cases together (whether or not
they are formally joined), the composition of the bench
shall be that determined for the first of the cases discussed                       (Language of the case: French)
at a general meeting.
                                                                     (Provisional translation; the definitive translation will be
4. For the period ending on 6 October 1999 the lists                          published in the European Court Reports)
referred to above are as follows:
                                                                    In Case C-323/97: Commission of the European
First Chamber                                                       Communities (Agent: Pieter van Nuffel) v. Kingdom of
                                                                    Belgium (Agent: Jan Devadder) Ð application for a
                                                                    declaration that, by failing to bring into force within the
(President: Mr Jann)                                                prescribed period the laws, regulations and administrative
                                                                    provisions necessary to comply with Council Directive 94/
Judge Edward, Judge Sevón and Judge Wathelet                        80/EC of 19 December 1994 laying down detailed
                                                                    arrangements for the exercise of the right to vote and to
                                                                    stand as a candidate in municipal elections by citizens of
                                                                    the European Union residing in a Member State of which
Fourth Chamber
                                                                    they are not nationals (2), the Kingdom of Belgium has
                                                                    failed to fulfil its obligations under that Directive Ð the
(President: Mr Kapteyn)                                             Court (Sixth Chamber), composed of: H. Ragnemalm,
                                                                    President of the Chamber, R. Schintgen, G. F. Mancini,
                                                                    P. J. G. Kapteyn (Rapporteur), and G. Hirsch, Judges; G.
Judge Murray, Judge Ragnemalm and Judge Ioannou
                                                                    Cosmas, Advocate General; R. Grass, Registrar, has given
                                                                    a judgment on 9 July 1998 in which it:
Fifth Chamber
                                                                    1. declares that, by failing to bring into force within the
                                                                         prescribed period the laws, regulations and
(President: Mr Puissochet)
                                                                         administrative provisions necessary to comply with l
                                                                         Directive 94/80/EC of 19 December 1994 laying down
Judge Edward, Judge Jann, Judge Sevón, Judge Wathelet,                   detailed arrangements for the exercise of the right to
Judge Moitinho de Almeida and Judge Gulmann                              vote and to stand as a candidate in municipal elections
 ---pagebreak--- 26.9.98               EN                  Official Journal of the European Communities                                      C 299/3
     by citizens of the European Union residing in a                 2. consideration of the questions submitted has not
     Member State of which they are not nationals, the                    disclosed any factor of such a kind as to affect the
     Kingdom of Belgium has failed to fulfil its obligations              validity of Regulation (EC) No 3093/94.
     under the first paragraph of Article 14 of that
     Directive;
                                                                     (1) OJ C 268, 14.10.1995.
                                                                     (2) OJ L 333, 22.12.1994, p. 1.
2. orders the Kingdom of Belgium to pay the costs.
(1) OJ C 331, 1.11.1997.
(2) OJ L 368, 31.12.1994. p. 38.
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 14 July 1998
                                                                     in Case C-341/95 (reference for a preliminary ruling from
                                                                     the Pretura Circondariale di Avezzano (Italy)): Gianni
                                                                                     Bettati v. Safety Hi-Tech Srl (1)
               JUDGMENT OF THE COURT
                       of 14 July 1998                               (Regulation (EC) No 3093/94 Ð Measures to protect the
                                                                                ozone layer Ð Restrictions on the use of
in Case C-284/95 (reference for a preliminary ruling from                  hydrochlorofluorocarbons and halons Ð Validity)
the Giudice di Pace di Genova (Italy)): Safety Hi-Tech Srl
                       v. S. & T. Srl (1)                                                     (98/C 299/04)
(Regulation (EC) No 3093/94 Ð Measures to protect the
           ozone layer Ð Restrictions on the use of
                                                                                     (Language of the case: Italian)
      hydrochlorofluorocarbons and halons Ð Validity)
                         (98/C 299/03)
                                                                       (Provisional translation; the definitive translation will be
                (Language of the case: Italian)                                published in the European Court Reports)
                                                                     In Case C-341/95: reference to the Court under Article 177
  (Provisional translation; the definitive translation will be       of the EC Treaty from the Pretura Circondariale di
          published in the European Court Reports)                   Avezzano (Italy) for a preliminary ruling in the
                                                                     proceedings pending before that court betrween Gianni
                                                                     Bettati and Safety Hi-Tech Srl Ð on the validity of
                                                                     Article 5 of Council Regulation (EC) No 3093/94 of
In Case C-284/95: reference to the Court under Article 177           15 December 1994 on substances that deplete the ozone
of the EC Treaty from the Giudice di Pace di Genova                  layer (2) Ð the Court, composed of: G. C. Rodríguez
(Italy) for a preliminary ruling in the proceedings pending          Iglesias, President, C. Gulmann, H. Ragnemalm and M.
before that court between Safety Hi-Tech Srl and S. & T.             Wathelet, Presidents of Chambers, G. F. Mancini, J. C.
Srl Ð on the interpretation and validity of Council                  Moitinho de Almeida, P. J. G. Kapteyn, D. A. O. Edward,
Regulation (EC) No 3093/94 of 15 December 1994 on                    P. Jann, L. Sevón and K. M. Ioannou (Rapporteur),
substances that deplete the ozone layer (2) Ð the Court,             Judges; P. LeÂger, Advocate General; H. A. Rühl, Principal
composed of: G. C. Rodríguez Iglesias, President, C.                 Administrator, for the Registrar, has given a judgment on
Gulmann, H. Ragnemalm and M. Wathelet, Presidents of                 14 July 1998 in which it ruled:
Chambers, G. F. Mancini, J. C. Moitinho de Almeida,
P. J. G. Kapteyn, D. A. O. Edward, P. Jann, L. Sevón and
K. M. Ioannou (Rapporteur), Judges; P. LeÂger, Advocate
General; H. A. Rühl, Principal Administrator, for the                consideration of the question submitted has not disclosed
Registrar, has given a judgment on 14 July 1998 in which             any factor of such a kind as to affect the validity of
it ruled:                                                            Council Regulation (EC) No 3093/94 of 15 December
                                                                     1994 on substances that deplete the ozone layer.
1. Article 5 of Council Regulation (EC) No 3093/94 of                (1) OJ C 351, 30.12.1995.
     15 December 1994 on substances that deplete the                 (2) OJ L 333, 22.12.1994, p. 1.
     ozone layer must be interpreted as prohibiting entirely
     the use and, consequently, the marketing of
     hydrochlorofluorocarbons for firefighting;