CELEX: C1997/228/03
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-153/96 P: Jan Robert de Rijk v. Commission of the European Communities (Appeal - Officials - Supplementary sickness insurance scheme for officials posted outside the Community - Conditions for reimbursement of medical expenses)

No C 228/2                EN                Official Journal of the European Communities                                     26 . 7 . 97
the interpretation of Article 2 ( 1 ) and ( 2 ) of Council             judgment set aside, the other party to the proceedings
Directive      89/552/EEC        of 3  October   1989    on   the      being Commission of the European Communities (Agent:
coordination of certain provisions laid down by law,                   Julian Currall ) — the Court ( Fifth Chamber ), composed
regulation or administrative action in Member States                   of: J. C. Moitinho de Almeida ( Rapporteur ), President of
concerning the pursuit of television broadcasting activities           the Chamber, C. Gulmann, D. A. O. Edward, J. -P.
( OJ No L 298 , 17. 10. 1989, p. 23 ), — the Court ( Sixth             Puissochet and M. Wathelet, Judges; P. Leger, Advocate­
Chamber ) composed of: G. E Mancini, President of the                  General; H. A. Riihl, Principal Administrator, for the
Chamber, J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn                Registrar, has given a judgment on 29 May 1997, in
( Rapporteur ) and H. Ragnemalm, Judges; C. O. Lenz,                   which it :
Advocate-General; D. Louterman-Hubeau, Principal
Administrator, gave a judgment on 29 May 1997, in
which it ruled :                                                       1 . dismisses the appeal;
1 . Article 2 (1 ) of Council Directive 89/552/EEC of                  2 . orders the appellant to pay the costs.
      3 October 1989 on the coordination of certain
      provisions laid down by law, regulation or
                                                                       O OJ No C 197, 6 . 7. 1996 .
      administrative action in Member State concerning the
      pursuit of television broadcasting activities is to be
      interpreted as meaning that a television broadcaster
       comes under the jurisdiction of the Member State in
      which it is established. The origin of programmes
       broadcast by the television broadcaster or their
       conformity with Articles 4 and 5 of the Directive are                          JUDGMENT OF THE COURT
      irrelevant in determining the Member State having
      jurisdiction over such a broadcaster pursuant to                                        ( Sixth Chamber)
      Article 2 (1 ).                                                                           of 5 June 1997
                                                                       in Case C-285/95 (reference for a preliminary ruling from
2 . Article 2 (2) of Directive 89/552 is to be interpreted as          the Oberverwaltungsgericht Berlin): Suat Kol v. Land Ber­
       meaning that a Member State may not oppose the                                                lin H
       retransmission on its territory of broadcasts of a
       television broadcaster over which another Member                 (EEC-Turkey Association Agreement — Decision of the
      State has jurisdiction when those broadcasts do not              Council of Association — Free movement of workers —
       conform with the requirements of Articles 4 and 5 of            Legal employment — Periods of employment under a
       the Directive.                                                             residence permit fraudulently obtained)
                                                                                                ( 97/C 228/04 )
( ] ) OJ No C 64, 2 . 3 . 1996 .
                                                                                       (Language of the case: German)
                                                                         (Provisional translation; the definitive translation will be
                 JUDGMENT OF THE COURT                                           published in the European Court Reports)
                           (Fifth Chamber)
                           of 29 May 1997                              In Case C-285/95 : reference to the Court under Article 177
                                                                       of the EC Treaty from the Oberverwaltungsgericht
in Case C-153/96 P: Jan Robert de Rijk v. Commission of                ( Higher Administrative Court) Berlin for a preliminary
                  the European Communities (')                         ruling in the proceedings pending before that court
 (Appeal — Officials — Supplementary sickness insurance                between Suat Kol and Land Berlin — on the interpretation
scheme for officials posted outside the Community —                    of Articles 6 ( 1 ) and 14 ( 1 ) of Decision No 1/80 of
       Conditions for reimbursement of medical expenses)                19 September 1980 on the development of the
                                                                       Association, adopted by the Council of Association
                            ( 97/C 228/03                              established by the Association Agreement between the
                                                                       European Economic Community and Turkey — the Court
                  (Language of the case: French)                       ( Sixth Chamber ), composed of: G. F. Mancini, President
                                                                       of the Chamber, C. N. Kakouris, G. Hirsch, H.
    (Provisional translation; the definitive translation will be       Ragnemalm and R. Schintgen ( Rapporteur ), Judges;
            published in the European Court Reports)                   M. B. Elmer, Advocate-General; D. Louterman-Hubeau,
                                                                       Principal Administrator, for the Registrar, has given a
                                                                       judgment on 5 June 1997, in which it has ruled:
In Case C-153/96 P: Jan Robert de Rijk ( represented by
Nicolas Lhoest ) — appeal against the judgment of the
 Court of First Instance ( Fifth Chamber) of 7 March 1996              Article 6 (1 ) of Decision No 1 /80 of 19 September 1980
 in Case T-362/94 De Rijk v. Commission [ 1996] ECR-SC                 on the development of the Association, adopted by the
 11-365 ( English abstract at p. 117 ), seeking to have that            Council of Association established by the Association