CELEX: C2002/084/28
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 29 November 2001 in Case C-17/00 (reference for a preliminary ruling from the Collège juridictionnel de la Région de Bruxelles-Capitale): François De Coster v Collège des bourgmestre et échevins de Watermael-Boitsfort (Reference for a preliminary ruling — Defination of a national court or tribunal — Freedom to provide services — Municipal tax on satellite dishes — Restriction on the freedom to receive television programmes by satellite)

C 84/18                     EN                     Official Journal of the European Communities                                           6.4.2002
(BGBl. 1996 I, p. 1246), employers of 10 or fewer workers                     Capitale (Judicial Board of the Brussels-Capital region)
from the duty to keep documents containing the results of a                   (Belgium) for a preliminary ruling in the proceedings pending
risk assessment, the Federal Republic of Germany has failed to                before that court between François De Coster and Collège des
fulfil its obligations under Articles 5 and 189 of the EC Treaty              bourgmestre et échevins de Watermael-Boitsfort — on the
(now Articles 10 EC and 249 EC) and Articles 9(1)(a) and                      interpretation of Article 59 of the EC Treaty (now, after
10(3)(a) of Council Directive 89/391/EEC of 12 June 1989 on                   amendment, Article 49 EC) and Articles 60 and 66 of the EC
the introduction of measures to encourage improvements in                     Treaty (now Articles 50 and 55 EC) — the Court (Fifth
the safety and health of workers at work (OJ 1989 L 183                       Chamber), composed of: P. Jann, President of the Chamber,
p. 1). the Court (Fifth Chamber), composed of: S. von Bahr                    S. von Bahr, D.A.O. Edward, A. La Pergola (Rapporteur)
(Rapporteur), President of the Fourth Chamber, acting for the                 and M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate
President of the Fifth Chamber, D.A.O. Edward, A. La Pergola,                 General; R. Grass, Registrar, has given a judgment on 29 Nov-
M. Wathelet and C.W.A. Timmermans, Judges, Advocate                           ember 2001, in which it has ruled:
General: L.A. Geelhoed, Registrar: R. Grass, has given a
judgment on 7 February 2002, in which it:
                                                                              Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
1.     Declares that, by failing to ensure that the obligation to be in       and Articles 60 and 66 of the EC Treaty (now Articles 50 and 55
       possession of an assessment in documentary form of the risks to        EC) must be interpreted as preventing the application of a tax on
       safety and health at work, as laid down by Council Directive           satellite dishes such as that introduced by Articles 1 to 3 of the tax
       89/391/EEC of 12 June 1989 on the introduction of measures             regulation adopted on 24 June 1997 by the municipal council of
       to encourage improvements in the safety and health of workers          Watermael-Boitsfort.
       at work, applies to employers of 10 or fewer workers in all
       circumstances, the Federal Republic of Germany has failed to
       fulfil its obligations under Articles 9(1)(a) and 10(3)(a) of that     (1) OJ C 102 of 8.4.2000.
       directive;
2.     Orders the Federal Republic of Germany to pay the costs.
(1) OJ C 135 of 13.5.2000.
                                                                                                JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                    JUDGMENT OF THE COURT
                                                                                                        7 February 2002
                              (Fifth Chamber)
                          of 29 November 2001                                 in Case C-28/00 (Reference for a preliminary ruling from
                                                                              the Oberster Gerichtshof): Liselotte Kauer v Pensions-
                                                                                          versicherungsanstalt der Angestellten, (1)
in Case C-17/00 (reference for a preliminary ruling from
the Collège juridictionnel de la Région de Bruxelles-
Capitale): François De Coster v Collège des bourgmestre                       (Social security for migrant workers — Regulation (EEC)
               et échevins de Watermael-Boitsfort (1)                         No 1408/71 — Articles 94(1), (2) and (3) — Old-age
                                                                              insurance — Periods of child-rearing completed in another
(Reference for a preliminary ruling — Defination of a                         Member State before the entry into force of Regulation
national court or tribunal — Freedom to provide services —                                                 No 1408/71)
Municipal tax on satellite dishes — Restriction on the
    freedom to receive television programmes by satellite)                                                (2002/C 84/29)
                               (2002/C 84/28)
                                                                                                  (Language of the case: German)
                        (Language of the case: French)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
(Provisional translation; the definitive translation will be published
                       in the European Court Reports)
                                                                              In Case C-28/00: Reference to the Court under Article 234 EC
In Case C-17/00: reference to the Court under Article 234 EC                  by the Oberster Gerichtshof (Austria) for a preliminary ruling
from the Collège juridictionnel de la Région de Bruxelles-                    in the proceedings pending before that court between Liselotte