CELEX: C1997/108/12
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 20 February 1997 in Case C-135/96: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil obligations - Directive 91/659/EEC - Failure to implement)

5 . 4 . 97               EN 1                Official Journal of the European Communities                                  No C 108/7
                 JUDGMENT OF THE COURT                                           residence and by requiring payment for that
                                                                                 document,
                          ( Sixth Chamber)
                        of 20 February 1997                                  — the Kingdom of Belgium has failed to fulfil its
                                                                                 obligations under Article 48 of the EC Treaty
in      Case    C-344/95 : Commission of the European                            and under Council Directive 68/360/EEC of
             Communities v. Kingdom of Belgium ( ] )                             15 October 1968 on the abolition of restrictions
(Failure of a Member State to fulfil its obligations —                           on movement and residence within the Community
     Article 48 of the EC Treaty — Directive 68/360/EEC)                         for workers of Member States and their families.
                            { 97IC 108/11 )
                                                                        2 . orders the Kingdom of Belgium to pay the costs.
                  (Language of the case: French)                        (') OJ No C 333 , 9 . 12 . 1995 .
   (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                                       JUDGMENT OF THE COURT
In Case C-344/95 : Commission of the European
                                                                                                  ( Sixth Chamber)
Communities ( Agent: Pieter van Nuffel ) v. Kingdom of
Belgium ( Agent: Jan Devadder ) — application for a                                           of 20 February 1997
declaration that by: ( i ) requiring nationals of other
                                                                        in   Case    C-135/96: Commission of the European
Member States who are seeking employment in Belgium to
                                                                                   Communities v. Kingdom of Belgium ( ')
leave its territory after a period of three months; ( ii )
issuing, during the first six months of their residence, to             (Failure by a Member State to fulfil obligations —
persons holding employment for a period of at least one                       Directive 91/659/EEC — Failure to implement)
year two successive registration certificates instead of a
                                                                                                    { 97/C 108/12 )
residence permit for a national of a Member State and
requiring payment for those certificates; and (iii ) issuing to
employed persons and to seasonal workers whose activity                                 (Language of the case: French)
is expected to last for more than three months a document
relating to their residence and by requiring payment for
that document, the Kingdom of Belgium has failed to fulfil                (Provisional translation; the definitive translation will be
its obligations under Article 48 of the EC Treaty and                             published in the European Court Reports)
under Council Directive 68/360/EEC of 15 October 1968
on the abolition of restrictions on movement and                        In Case C-135/96: Commission of the European
residence within the Community for workers of Member                    Communities (Agents: Hendrik van Lier and Jean-Francis
States and their families ( OJ, English Special Edition 1968            Pasquier) v. Kingdom of Belgium (Agent: Jan Devadder)
( II ), p. 485 ) — the Court ( Sixth Chamber), composed of:             — application for a declaration that, by failing to adopt
G. F. Mancini, President of the Chamber ( Rapporteur),                  within the prescribed period the laws, regulations and
C. N. Kakouris, G. Hirsch, H. Ragnemalm and R.                          administrative measures necessary in order to comply with
Schintgen, Judges; C. O. Lenz, Advocate-General; R.                     Commission Directive 91 /659/EEC of 3 December 1991
Grass, Registrar, has given a judgment on 20 February                   adapting to technical progress Annex I to Council
1997, in which it:                                                      Directive 76/769/EEC on the approximation of the laws,
                                                                        regulations and administrative provisions of the Member
                                                                        States relating to restrictions on the marketing and use of
1.     declares that:                                                   certain dangerous substances and preparations ( asbestos)
                                                                        ( OJ No L 363 , 31 . 12 . 1991 , p. 36 ), the Kingdom of
       — by requiring nationals of other Member States who              Belgium has failed to fulfil its obligations under the EC
           are seeking employment in Belgium to leave its               Treaty — the Court ( Sixth Chamber ), composed of: G. F.
           territory after a period of three months,                    Mancini, President of the Chamber, J. L. Murray, P. J. G.
                                                                        Kapteyn, G. Hirsch ( Rapporteur ) and H. Ragnemalm,
                                                                        Judges; F. G. Jacobs, Advocate-General; R. Grass,
       — by issuing, during the first six months of their               Registrar, has given a judgment on 20 February 1997, in
           residence, to persons holding employment for a               which it:
           period of at least one year two successive
           registration certificates instead of a residence
           permit for a national of a Member State and by
                                                                         1 . declares that, by failing to adopt within the prescribed
                                                                             period the laws, regulations and administrative
           requiring payment for those certificates,
                                                                             measures necessary in order to comply with
                                                                             Commission Directive 91 /659/EEC of 3 December
       — by issuing to employed persons and to seasonal                      1991 adapting to technical progress Annex I to
           workers whose activity is expected to last for more               Council Directive 76/769/EEC on the approximation
           than three months a document relating to their                    of the laws, regulations and administrative provisions
 ---pagebreak--- No C 108/8             EN                   Official Journal of the European Communities                                      5 . 4. 97
     of the Member States relating to restrictions on the                   prohibits not only the actual entry of commercial
     marketing and use of certain dangerous substances and                  traffic into the territorial sea of the Federal Republic
     preparations (asbestos), the Kingdom of Belgium has                    of Yugoslavia but also conduct occurring in
     failed to fulfil its obligations under Article 2 (1 ) of               international waters which gives good reason to
     Directive 91 /659/EEC;                                                 believe that the vessel concerned is on course for that
                                                                            territorial sea for the purposes of commercial traffic.
2 . orders the Kingdom of Belgium to pay the costs.
                                                                       2 . A domestic provision which, in the event of an
0 ) OJ No C 180, 22 . 6 . 1996 .
                                                                            ascertained breach of any of the prohibitions laid
                                                                            down in Article 1 of the Regulation, prescribes
                                                                            confiscation of the cargo carried by one of the means
                                                                            of transport indicated in the second paragraph of
                                                                            Article 10 of the Regulation is compatible with the
                                                                            Regulation, in particular with Article 1 0 thereof.
               JUDGMENT OF THE COURT                                   (') OJ No C 208 , 12 . 8 . 1995 .
                     of 27 February 1997
in Case C-177/95 (reference for a preliminary ruling made
by the Consiglio di Stato): Ebony Maritime SA and Loten
Navigation Co. Ltd v. Prefetto della Provincia di Brindisi
                          and Others ( 1 )
                                                                                      JUDGMENT OF THE COURT
(Sanctions against the Federal Republic of Yugoslavia —
Conduct in international waters — Confiscation of a                                              (Fifth Chamber)
                      vessel and its cargo)                                                  of 27 February 1997
                          ( 97/C 108/13 )                              in Case C-220/95 (reference for a preliminary ruling from
                                                                       the Arrondissementsrechtbank te Amsterdam ): Antonius
                (Language of the case: Italian)                                    van den Boogaard v. Paula Laumen (*)
                                                                       (Brussels Convention — Interpretation of Article 1, second
                                                                       paragraph — Definition of rights in property arising out
 (Provisional translation; the definitive translation will be          of a matrimonial relationship — Definition of matters
          published in the European Court Reports)                                         relating to maintenance)
                                                                                                  ( 97/C 108/14)
In Case C- 177/95 : reference to the Court under Article 177
of the EC Treaty by the Consiglio di Stato ( Italy ) for a
                                                                                        (Language of the case: Dutch)
preliminary ruling in the proceedings pending before that
court between Ebony Maritime SA and Loten Navigation
Co. Ltd, and Prefetto della Provincia di Brindisi and                    (Provisional translation; the definitive translation will be
Others — on the interpretation of Article 1 ( 1 ) (c) and (d )                   published in the European Court Reports)
and Article 10 of Council Regulation ( EEC) No 990/93 of
26 April 1993 concerning trade between the European                    In Case C-220/95 : reference to the Court under the
Economic Community and the Federal Republic of
Yugoslavia ( Serbia and Montenegro) ( OJ No L 102, 28 . 4 .
                                                                       Protocol of 3 June 1971 , on the interpretation by the
1993 , p. 14 ) and of Article 1 ( c ) and ( d ) and Article 10 of      Court of Justice of the Convention of 27 September 1968
Decision 93/235/ECSC of the representatives of the                     on Jurisdiction and the Enforcement of Judgments in Civil
Governments of the Member States meeting within the                    and Commercial Matters, by the Arondissementsrechtbank
                                                                       te Amsterdam (District Court, Amsterdam) for a
Council, of 26 April 1993 , concerning trade between the
                                                                       preliminary ruling in the proceedings pending before that
European Coal and Steel Community and the Federal
Republic of Yugoslavia ( Serbia and Montenegro ) ( OJ No               court between Antonius van den Boogaard and Paula
L 102, 28 . 4. 1993 , p. 17) — the Court, composed of:                 Laumen — on the interpretation of the second paragraph
                                                                       of   Article   1   of the      aforementioned  Convention     of
G. C. Rodriguez Iglesias, Presidents, G. F. Mancini, J. L.
Murray and L. Sevon (Presidents of Chambers ), C. N.                   27 September 1968 , as amended by the Convention of
                                                                       9 October 1978 on the accession of the Kingdom of
Kakouris, P. J. G. Kapteyn (Rapporteur), C. Gulmann,
                                                                       Denmark, Ireland and the United Kingdom of Great
D. A. O. Edward, J.-P. Puissochet, H. Ragnemalm and M.
                                                                       Britain and Northern Ireland ( OJ No L 304 , 30. 10. 1978 ,
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                 p. 77) and by the Convention of 25 October 1982 on the
judgment on 27 February 1997, the operative part of                    accession of the Hellenic Republic ( OJ No L 388, 31 . 12 .
which is as follows :                                                   1982 , p. 1 ) — the Court ( Fifth Chamber), composed of:
                                                                       J. C. Moitinho de Almeida, President of the Chamber, C.
                                                                       Gulmann, D. A. O. Edward, J. -P. Puissochet and P. Jann
1 . Article 1 (1 ) (c) and (d) of Council Regulation (EEC)             ( Rapporteur), Judges; F. G. Jacobs, Advocate-General; H.
     No 990/93 of 26 April 1993 concerning trade between               von Holstein, Deputy Registrar, for the Registrar, has
     the European Economic Community and the Federal                   given a judgment on 27 February 1997, in which it has
     Republic of Yugoslavia (Serbia and Montenegro)                    ruled :