CELEX: C2001/317/11
Language: en
Date: 2001-11-10 00:00:00
Title: Judgment of the Court (First Chamber) of 4 October 2001 in Case C-133/00 (reference for a preliminary ruling from the Employment Appeal Tribunal, London): J. R. Bowden, J. L. Chapman, J. J. Doyle v Tuffnells Parcels Express Ltd (Organisation of working time — Directive 93/104/EC — Article 1(3) — Scope — Road transport)

10.11.2001              EN                        Official Journal of the European Communities                                           C 317/7
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                     (First Chamber)
                          (First Chamber)
                                                                                                 of 20 September 2001
                        of 4 October 2001
                                                                             in Case C-370/00: Commission of the European Communi-
                                                                                                      ties v Ireland (1)
in Case C-133/00 (reference for a preliminary ruling from
the Employment Appeal Tribunal, London): J. R. Bowden,                       (Failure by a Member State to fulfil its obligations — Failure
J. L. Chapman, J. J. Doyle v Tuffnells Parcels Express Ltd (1)               to incorporate Directives 96/49/EC and 96/87/EC into
                                                                                                        national law)
(Organisation of working time — Directive 93/104/EC —                                                (2001/C 317/12)
           Article 1(3) — Scope — Road transport)
                                                                                               (Language of the case: English)
                          (2001/C 317/11)
                                                                             In Case C-370/00: Commission of the European Communities
                                                                             (Agent: M. Wolfcarius) v Ireland (Agent: D.J. O’Hagan) —
                                                                             application for a declaration that, by failing to adopt the laws,
                    (Language of the case: English)                          regulations and administrative provisions necessary to comply
                                                                             with Council Directive 96/49/EC of 23 July 1996 on the
                                                                             approximation of the laws of the Member States with regard
                                                                             to the transport of dangerous goods by rail (OJ 1996 L 235,
In Case C-133/00: reference to the Court under Article 177 of                p. 25) and Commission Directive 96/87/EC of 13 December
the EC Treaty (now Article 234 EC) from the Employment                       1996 adapting to technical progress Council Directive 96/49
Appeal Tribunal, London, (United Kingdom), for a preliminary                 (OJ 1996 L 335, p. 45), or by failing to inform the Commission
ruling in the proceedings pending before that court between                  of those measures, Ireland has failed to fulfil its obligations
J. R. Bowden, J. L. Chapman, J. J. Doyle and Tuffnells Parcels               under those Directives — the Court (First Chamber), composed
Express Ltd — on the interpretation of Article 1(3) of Council               of: M. Wathelet, President of the Chamber, P. Jann and L. Sevón
Directive 93/104/EC of 23 November 1993 concerning certain                   (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
aspects of the organisation of working time (OJ 1993 L 307,                  Registrar, has given a judgment on 20 September 2001, in
p. 18) — the Court, composed of: M. Wathelet (Rapporteur),                   which it:
President of the Chamber, P. Jann and L. Sevón, Judges;
A. Tizzano, Advocate General; L. Hewlett, Administrator, for
the Registrar, has given a judgment on 4 October 2001, in
which it has ruled:                                                          1.   Declares that, by failing to adopt the laws, regulations and
                                                                                  administrative provisions necessary to comply with Council
                                                                                  Directive 96/49/EC of 23 July 1996 on the approximation of
                                                                                  the laws of the Member States with regard to the transport of
                                                                                  dangerous goods by rail and Commission Directive 96/87/EC
On a proper construction of Article 1(3) of Council Directive
                                                                                  of 13 December 1996 adapting to technical progress Council
93/104/EC of 23 November 1993 concerning certain aspects of the
                                                                                  Directive 96/49/EC, Ireland has failed to fulfil its obligations
organisation of working time, all workers employed in the road
                                                                                  under those Directives.
transport sector, including office staff, are excluded from the scope of
that Directive.
                                                                             2.   Orders Ireland to pay the costs.
(1) OJ C 163 of 10.6.2000.
                                                                             (1) OJ C 335 of 25.11.2000.