CELEX: C1996/064/05
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 December 1995 in Case C-132/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Directive 90/675/EEC - Veterinary checks - Failure to transpose)

2 . 3 . 96           I EN 1                 Official Journal of the European Communities                                     No C 64/3
Advocate-General; D. Louterman-Hubeau, Principal                       ( Rapporteur), President of the Chamber, J. C. Moitinho de
Administrator, for the Registrar, has given a judgment on              Almeida, C. Gulmann, L. Sevon and M. Wathelet, Judges;
14 December 1995 , in which it rules :                                 C. O. Lenz, Advocate-General; R. Grass, Registrar, has
                                                                       given a judgment on 14 December 1995 , in which it:
Article 4 (1 ) of Council Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of             1 . declares that, by failing to bring into force all the laws,
equal treatment for men and women in matters of social                       regulations and administrative provisions necessary to
security must be interpreted as meaning that national                        comply with Council Directive 90/675/EEC of
provisions under which employment regularly consisting of                    10 December 1990 laying down the principles
fewer than 15 hours a week and regularly attracting                          governing the organization of veterinary checks on
remuneration ofup to one-seventh of the monthly reference                    products entering the Community from third countries,
amount is excluded from compulsory insurance under the                       Ireland has failed to fulfil its obligations under the first
statutory sickness and old-age insurance schemes, and                        subparagraph of Article 32 (1 ) of that Directive;
national provisions under which employment which tends
by its nature to be regularly limited to fewer than 1 8 hours a
week or is so limited in advance by a contract ofemployment            2 . orders Ireland to pay the costs.
is excluded from the obligation to contribute to the
statutory unemployment insurance scheme, do not                        •(>) OJ No C 174, 25 . 6 . 1994 .
constitute discrimination on grounds ofsex, even where the
relevant provisions affect considerably more women than
men, since the national legislature was reasonably entitled to
consider that the legislation in question was necessary jn
order to achieve a social policy aim unrelated to any
discrimination on grounds of sex.
(!) OJ No C 1 , 4 . 1 . 1994 .                                                         JUDGMENT OF THE COURT
                                                                                               (Fifth Chamber)
                                                                                            of 14 December 1995
                                                                        in Case C-138/94 : Commission of the European
                                                                                          Communities v. Ireland C )
                                                                        (Failure to fulfil obligations — Directive 91/496/EEC —
                                                                                  Veterinary checks — Failure to transpose)
                                                                                                  ( 96/C 64/06 )
               JUDGMENT OF THE COURT
                         (Fifth Chamber)
                                                                                        (Language of the case: English)
                      of 14 December 1995
in Case C-l 32/94: Commission of the European
                   Communities v. Ireland (^                            In Case C-138/94 : Commission of the European
 (Failure to fulfil obligations — Directive 90/675/EEC —                Communities ( Agents : Jose Luis Iglesias Buhigues and James
           Veterinary checks — Failure to transpose)                    Macdonald Flett ) v. Ireland ( Agent: Michael A. Buckley ) —
                                                                        application for a declaration that, by failing to bring into
                           ( 96/C 64/05                                 force the laws, regulations and administrative provisions
                                                                        necessary to comply with Council Directive 91 /496/EEC of
                                                                         15 July 1991 laying down the principles governing the
                (Language of the case: English)                         organization of veterinary checks on animals entering the
                                                                        Community from third countries and amending Directives
                                                                         89/662/EEC, 90/425/EEC and 90/675/EEC ( OJ No L 268 ,
 In Case C-l 32/94 : Commission of the European                          1991 , p. 56 ) and/or in failing to inform the Commission
 Communities ( Agents : Jose Luis Iglesias Buhigues and James           forthwith thereof, Ireland has failed to fulfil its obligations
 Macdonald Flett ) v. Ireland (Agent: Michael A. Buckley ) —            under that Directive, in particular Article 30 thereof, and
 application for a declaration that, by failing to bring into           under the Treaty establishing the European Community —
 force the laws, regulations and administrative provisions              the Court ( Fifth Chamber ), composed of: D. A. O. Edward
 necessary to comply with Council Directive 90/675/EEC of                ( Rapporteur ), President of the Chamber, J. C. Moitinho de
 10 December 1990 laying down the principles governing the              Almeida , C. Gulmann, L. Sevon and M. Wathelet, Judges;
 organization of veterinary checks on products entering the              C. O. Lenz, Advocate-General; R. Grass, Registrar, has
 Community from third countries ( OJ No L 373 , 1990, p. 1 )             given a judgment on 14 December 1995 , in which it:
 and/or by failing to inform the Commission forthwith
 thereof, Ireland has failed to fulfil its obligations under that
 Directive, in particular Article 32 thereof, and under the              1 . declares that, by failing to bring into force all the laws,
 Treaty establishing the European Community — the Court                       regulations and administrative provisions necessary to
 ( Fifth Chamber ), composed of: D. A. O. Edward                              comply with Council Directive 91 /496/EEC of 15 July