CELEX: C2000/302/23
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 July 2000 in Case C-236/99: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 91/271/EEC)

21.10.2000                 EN                     Official Journal of the European Communities                                             C 302/13
Court) Münster, Germany, for a preliminary ruling in the                     of Belgium (Agent: A. Snoecx, assisted by F.P. Louis and
proceedings pending before that court between Viktor Movrin                  A. Vallery) — application for a declaration that, by communi-
and Landesversicherungsanstalt Westfalen (Regional Insurance                 cating to the Commission a programme for the implemen-
Office, Westphalia) on the interpretation of the EC Treaty and               tation of Council Directive 91/271/EEC of 21 May 1991
of Council Regulation (EEC) No 1408/71 of 14 June 1971 on                    concerning urban waste water treatment (OJ 1991 L 135,
the application of social security schemes to employed persons,              p. 40) which does not comply with the directive as regards the
to self-employed persons and to members of their families                    Brussels-Capital Region, the Kingdom of Belgium has failed to
moving within the Community, as amended and updated by                       fulfil its obligations under that directive and, in particular,
Council Regulation (EC) No 118/97 of 2 December 1996 (OJ                     Article 17 thereof — the Court (Sixth Chamber), composed
1997 L 28, p. 1) the Court (Sixth Chamber), composed of:                     of: J.C. Moitinho de Almeida, President of the Chamber,
J.C. Moitinho de Almeida (Rapporteur), President of the                      R. Schintgen, J.-P. Puissochet, G. Hirsch and F. Macken (Rap-
Chamber, R. Schintgen, C. Gulmann, J.-P. Puissochet and                      porteur), Judges; F.G. Jacobs, Advocate General; D. Louterman-
V. Skouris, Judges; F.G. Jacobs, Advocate General; H. von                    Hubeau, Principal Administrator, for the Registrar, has given a
Holstein, Deputy Registrar, for the Registrar, has given a                   judgment on 6 July 2000, in which it:
judgment on 6 July 2000, in which it held that:
                                                                             1.    Declares that, by communicating to the Commission a pro-
On a proper construction of Article 1(t) and Article 10(1) of Council              gramme for the implementation of Council Directive
Regulation (EEC) No 1408/71 of 14 June 1971 on the application                     91/271/EEC of 21 May 1991 concerning urban waste water
of social security schemes to employed persons, to self-employed                   treatment which does not comply with that directive as regards
persons and to members of their families moving within the                         the Brussels-Capital Region, the Kingdom of Belgium has failed
Community, as amended and updated by Council Regulation (EC)                       to fulfil its obligations under Article 17 of that directive;
No 118/97 of 2 December 1996, a sickness insurance contribution
subsidy provided for in the legislation of a Member State, such as the       2.    Orders the Kingdom of Belgium to pay the costs.
subsidy at issue in the main proceedings, constitutes an old-age cash
benefit for the purposes of those provisions. The recipient of an old-
age pension payable under that legislation may claim such a subsidy          (1) OJ C 246 of 28.8.1999.
even if he is resident in another Member State where he is compulsorily
affiliated to the sickness insurance scheme.
(1) OJ C 136 of 15.5.1999.
                                                                                                    ORDER OF THE COURT
                                                                                                          of 21 June 2000
                    JUDGMENT OF THE COURT                                    in Case C-514/99: French Republic v Commission of the
                                                                                                   European Communities (1)
                            (Sixth Chamber)
                                                                                (Application for annulment — Manifest inadmissibility)
                              of 6 July 2000
                                                                                                          (2000/C 302/24)
in Case C-236/99: Commission of the European Communi-
                    ties v Kingdom of Belgium (1)
                                                                                                    (Language of the case: French)
(Failure by a Member State to fulfil its obligations — Failure
                 to transpose Directive 91/271/EEC)
                                                                             (Provisional translation: the definitive translation will be published
                                                                                                   in the European Court Reports)
                             (2000/C 302/23)
                                                                             In Case C-514/99: French Republic (Agents: R. Abraham,
                       (Language of the case: French)                        K. Rispal-Bellanger and R. Loosli-Surrans) v Commission of
                                                                             the European Communities (Agents: D. Booß and G. Berscheid)
                                                                             — application for annulment of the Commission’s decision
                                                                             refusing to modify or revoke its Decision 1999/514/EC of
(Provisional translation; the definitive translation will be published       23 July 1999 setting the date on which dispatch from the
                      in the European Court Reports)
                                                                             United Kingdom of bovine products under the date-based
                                                                             export scheme may commence by virtue of Article 6(5) of
In Case C-236/99: Commission of the European Communities                     Council Decision 98/256/EC (OJ 1999 L 195, p. 42) — the
(Agents: G. Valero Jordana and O. Couvert-Castéra) v Kingdom                 Court, composed of. G.C. Rodrı́guez Iglesias, President,