CELEX: C1998/209/54
Language: en
Date: 1998-07-04 00:00:00
Title: Action brought on 14 May 1998 by the Commission of the European Communities against the French Republic (Case C-178/98)

4.7.98                 EN                  Official Journal of the European Communities                                  C 209/27
Action brought on 14 May 1998 by the Commission of                    Integration, against Fatna Mesbah on the following
  the European Communities against the French Republic                questions:
                        (Case C-178/98)
                                                                      1. Can a member of the family of a worker, who was
                         (98/C 209/54)
                                                                           originally Moroccan but subsequently acquired
                                                                           Belgian nationality, still rely on Article 41(1) of the
                                                                           Cooperation Agreement between the European
An action against the French Republic was brought before                   Economic Community and the Kingdom of Morocco,
the Court of Justice of the European Communities on                        signed in Rabat on 27 April 1976 and approved on
14 May 1998 by the Commission of the European                              behalf of the Community by Council Regulation
Communities, represented by Götz zur Hausen, Legal                         (EEC) No 2211/78 (1) of 26 September 1978 and on
Adviser, and Olivier Coustert-Castera, official seconded to                the principle of non-discrimination with regard to
the Legal Service, acting as Agents, with an address for                   Moroccan workers' and members of their family'
service in Luxembourg at the office of Carlos Gómez de la                  living with them, which is contained therein?
Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                      2. What degree of relationship Ð vertical and/or
The applicant claims that the Court should:                                horizontal Ð is covered by the term family',
                                                                           contained in Article 41(1) of the EEC-Morocco
                                                                           Agreement, and can that term also be applied to
1. declare that, by failing to adopt and/or communicate                    persons of Moroccan nationality who are related only
     all the measures necessary to comply with Council                     by marriage?
     Directive 91/157/EEC of 18 March 1991 on batteries
     and accumulators containing certain dangerous
                                                                      (1) OJ L 264, 27.9.1978, p. 1.
     substances (1), the French Republic has failed to fulfil
     its obligations under that directive,
2. order the French Republic to pay the costs.
Pleas in law and main arguments adduced in support:                   Reference for a preliminary ruling from the Kantongerecht
                                                                      te Nijmegen by judgments of that court of 8 May 1998 in
                                                                      the cases of Pavel W. Pavlov (Case C-180/98), Dirk Boetie
The fact that the laws, regulations and administrative                van der Schaaf (Case C-181/98), Marinus Anthony Pieter
provisions necessary to comply more generally with                    Kooyman (Case C-182/98), Evert Wilhelm Geert Weber
Directive 91/158/EEC have not yet been adopted by                     (Case C-183/98) and Rob Slappendel (Case C-184/98)
France (2) is irrelevant in order to find that it has failed to           against Stichting Pensioenfonds Medische Specialisten
fulfil its specific obligations under Article 6 of the                                 (Case C-180/98 to C-184/98)
directive with regard to the drawing up of the
programmes referred to therein.                                                               (98/C 209/56)
(1) OJ L 78, 26.3.1991, p. 38.                                        Reference has been made to the Court of Justice of
(2) See Joined Cases C-282/96 and C-283/96, OJ C            212,      the European Communities by judgments of the
    12.7.1997, p. 6.
                                                                      Kantongerecht te Nijmegen (Cantonal Court, Nijmegen)
                                                                      of 8 May 1998, received at the Court Registry on 15 May
                                                                      1998, for a preliminary ruling in the cases of Pavel W.
                                                                      Pavlov (Case C-180/98), Dirk Boetie van der Schaaf (Case
                                                                      C-181/98), Marinus Anthony Pieter Kooyman (Case
                                                                      C-182/98), Evert Wilhelm Geert Weber (Case C-183/98)
Reference for a preliminary ruling by the Cour du Travail,            and Rob Slappendel (Case C-184/98) against Stichting
Brussels (Sixth Chamber) by judgment of that court of                 Pensioenfonds Medische Specialisten on the following
11 May 1998 in the case of Belgian State, in the person of            questions:
the Secretary of State for Social Integration, against Fatna
                            Mesbah                                    1. In the light of the Wet betreffende verplichte
                        (Case C-179/98)                                    deelneming in een beroepspensioenregeling (Law on
                                                                           compulsory affiliation to an occupational pension
                         (98/C 209/55)                                     scheme, hereinafter the WVD'), is an occupational
                                                                           pension scheme which, pursuant to and in accordance
                                                                           with the WVD, makes membership compulsory for all,
Reference has been made to the Court of Justice of the                     or one or more specified groups of, persons belonging
European Communities by judgment of the Cour du                            to a profession, entailing the legal consequences . . .
Travail (Higher Labour Court), Brussels (Sixth Chamber)                    attendant upon the Law, to be regarded as an
of 11 May 1998, received at the Court Registry on 15 May                   undertaking within the meaning of Articles 85, 86 or
1998, for a preliminary ruling in the case of Belgian State,               90 of the Treaty establishing the European Economic
in the person of the Secretary of State for Social                         Community?