CELEX: C2001/245/03
Language: en
Date: 2001-09-01 00:00:00
Title: Order of the Court (Fourth Chamber) of 19 June 2001 in Joined Cases C-9/01 to C-12/01 (references for a preliminary ruling from the Hof van Beroep te Gent): Stéphane Monnier v Govan Sports NV, Edwin van Ankeren v Govan Sports NV, Govan Sports NV v Pascal Jacobs and Govan Sports NV v Dannie D'Hondt (Article 104(3) of the Rules of Procedure — Activity of procuring employment for professional sportsmen)

C 245/2                 EN                        Official Journal of the European Communities                                              1.9.2001
Directive 94/58/EC on the minimum level of training of                       of Article 59 of the EC Treaty (now, after amendment,
seafarers (OJ 1998 L 172, p. 1), the Grand Duchy of                          Article 49 EC), Articles 86 and 90(1) of the EC Treaty (now
Luxembourg has failed to fulfil its obligations under                        Articles 82 EC and 86(1) EC) — the Court (Fourth Chamber),
Article 249 EC and Article 2 of that directive — the Court                   composed of: A. La Pergola, President of the Chamber,
(Third Chamber), composed of: C. Gulmann, President of                       D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
the Chamber, J.-P. Puissochet and J.N. Cunha Rodrigues                       D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
(Rapporteur), Judges; C. Stix-Hackl, Advocate General;                       has made an order on 19 June 2001, in which it rules:
R. Grass, for the Registrar, has given a judgment on 3 July
2001, in which it:                                                           Public employment procurement offices are subject to the prohibition
                                                                             in Article 86 of the EC Treaty (now Article 82 EC), provided that
1.    Declares that, by failing to bring into force within the prescribed    the application of that provision does not frustrate the specific
      period the laws, regulations and administrative provisions,            function entrusted to them. A Member State which prohibits any
      including any penalties, necessary to comply with Council              activity of mediation and intervention between the seeking and
      Directive 98/35/EC of 25 May 1998 amending Directive                   offering of employment which is not carried on by those offices
      94/58/EC on the minimum level of training of seafarers, the            infringes Article 90(1) of the EC Treaty (now Article 86(1) EC) if it
      Grand Duchy of Luxembourg has failed to fulfil its obligations         creates a situation in which public employment procurement offices
      under Article 2 of that directive;                                     are necessarily put in a position where they contravene the provisions
                                                                             of Article 86 of the Treaty. That is the case in particular where the
2.    Orders the Grand Duchy of Luxembourg to pay the costs.                 following conditions are met:
(1) OJ C 273 of 23.9.2000.                                                   —      the public employment procurement offices are manifestly
                                                                                    unable to satisfy demand on the labour market for the kind of
                                                                                    activities concerned;
                                                                             —      the actual carrying on of employment procurement activities by
                                                                                    private agencies is rendered impossible by the maintenance in
                                                                                    force of provisions of law which prohibit those activities on pain
                                                                                    of criminal and administrative penalties;
                    ORDER OF THE COURT
                                                                             —      the procurement activities in question are to extend to the
                         (Fourth Chamber)                                           nationals or the territory of other Member States.
                          of 19 June 2001
                                                                             (1) OJ C 61 of 24.2.2001.
in Joined Cases C-9/01 to C-12/01 (references for a
preliminary ruling from the Hof van Beroep te Gent):
Stéphane Monnier v Govan Sports NV, Edwin van Anke-
ren v Govan Sports NV, Govan Sports NV v Pascal Jacobs
         and Govan Sports NV v Dannie D’Hondt (1)
(Article 104(3) of the Rules of Procedure — Activity of
     procuring employment for professional sportsmen)                        Appeal brought on 23 May 2001 by T. Port GmbH &
                                                                             Co. KG against the judgment delivered on 20 March 2001
                                                                             by the Fifth Chamber of the Court of First Instance of the
                          (2001/C 245/03)                                    European Communities in Case T-52/99 between T. Port
                                                                             GmbH & Co. KG and the Commission of the European
                                                                                                          Communities
                    (Language of the case: Dutch)
                                                                                                       (Case C-213/01 P)
(Provisional translation; the definitive translation will be published
                                                                                                         (2001/C 245/04)
                   in the European Court Reports)
In Joined Cases C-9/01 to C-12/01: references to the Court                   An appeal against the judgment delivered on 20 March 2001
under Article 234 EC from the Hof van Beroep te Gent (Court                  by the Fifth Chamber of the Court of First Instance of the
of Appeal, Ghent), Belgium, for a preliminary ruling in the                  European Communities in Case T-52/99 between T. Port
proceedings pending before that court between Stéphane                       GmbH & Co. KG and the Commission of the European
Monnier and Govan Sports NV, Edwin van Ankeren and                           Communities was brought before the Court of Justice of the
Govan Sports NV, Govan Sports NV and Pascal Jacobs, and                      European Communities on 23 May 2001 by T. Port GmbH &
Govan Sports NV and Dannie D’Hondt — on the interpretation                   Co. KG, represented by Gert Meier, Rechtsanwalt, Cologne.