CELEX: C1997/228/07
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 5 June 1997 in Case C-223/96: Commission of the European Communities v. French Republic (Failure to fulfil obligations - Directive 91/156/EEC)

No C 228/4              EN                   Official Journal of the European Communities                                     26 . 7 . 97
2 . orders the Kingdom of Spain to pay the costs.                                     JUDGMENT OF THE COURT
                                                                                               ( Sixth Chamber)
O OJ No C 158 , 1 . 6 . 1996 .
                                                                                               of 12 June 1997
                                                                        in Case C-266/95 (reference for a preliminary ruling from
                                                                        the Bundessozialgericht): Pascual Merino Garcia v. Bun­
                                                                                           desanstalt fur Arbeit ( l )
                                                                        (Social security of migrant workers — Regulation (EEC)
                                                                        No 1408/71 — Persons covered — 'Employed persons ' —
                JUDGMENT OF THE COURT                                                           Family benefits)
                          (Fifth Chamber)
                                                                                                 ( 97/C 228/08 )
                           of 5 June 1997
in     Case   C-223/96: Commission of the European                                     (Language of the case: German)
              Communities v. French Republic ( l )
    (Failure to fulfil obligations — Directive 91/156/EEC)
                            ( 97/C 228/07 )                               (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                 (Language of the case: French)
                                                                        In Case C-266/95 : reference to the Court under Article 177
                                                                        of the EC Treaty from the Bundessozialgericht ( Federal
                                                                        Social Court) ( Germany ) for a preliminary ruling in the
  (Provisional translation; the definitive translation will be          proceedings pending before that court between Pascual
           published in the European Court Reports)                     Merino Garcia and Bundesanstalt fur Arbeit — on the
                                                                        interpretation and validity of Point I ( C ) of Annex I to
                                                                        Council Regulation ( EEC ) No 1408/71 of 14 June 1971
                                                                        on the application of social security schemes to employed
In Case C-223/96 : Commission of the European
                                                                        persons, to self-employed persons and to members of their
Communities ( Agent: M. Kondou Durande, assisted by                     families moving within the Community, as amended and
J. -J. Evrard, of the Brussels Bar ) v. French Republic
                                                                        updated by Council Regulation ( EEC ) No 2001 /83 of
( Agents: C. de Salins, and R. Nadal ) — application for a
                                                                        2 June 1983 ( OJ No L 230, 22 . 8 . 1983 , p. 6 ), as
declaration that, by not adopting the laws, regulations and             amended by Council Regulation ( EEC ) No 3427/89 of
administrative provisions necessary to comply with
Council      Directive    91 / 156/EEC    of  18   March     1991
                                                                        30 October 1989 ( OJ No L 331 , 16 . 11 . 1989, p. 1 ) —
                                                                        the Court ( Sixth Chamber), composed of: G. F. Mancini
amending Directive 75/442/EEC on waste ( OJ No L 78 ,                   ( Rapporteur ), President of the Chamber, C. N. Kakouris,
26 . 3 . 1991 , p. 32 ), or by not communicating those                  G. Hirsch, H. Ragnemalm and R. Schintgen, Judges; N.
measures, the French Republic has failed to fulfil its
                                                                        Fennelly, Advocate-General; H. A. Riihl, Principal
obligations under that Directive — the Court ( Fifth                    Administrator, for the Registrar, has given a judgment on
Chamber ), composed of: J. C. Moitinho de Almeida ,                     12 June 1997, in which it has ruled:
President of the Chamber, L. Sevon ( Rapporteur), D. A. O.
Edward, P. Jann and M. Wathelet, Judges; P. Leger,
Advocate-General; R. Grass, Registrar, has given a
judgment on 5 June 1997, in which it:                                   In accordance with Article 73 of Council Regulation
                                                                        (EEC) No 1408/71 of 14 June 1971 on the application of
                                                                        social security schemes to employed persons, to self­
                                                                        employed persons and to members of their families
1 . declares that, by not adopting the laws, regulations                moving within the Community, as amended and updated
      and administrative provisions necessary to comply                 by Council Regulation (EEC) No 2001 /83 of 2 June 1983 ,
      with Council Directive 91 /156/EEC of 18 March 1991               as amended by Council Regulation (EEC) No 3427/89 of
      amending Directive 75/442/EEC on waste, the French                30 October 1989, the expression 'employed persons ' must
      Republic has failed to fulfil its obligations under               be construed as designating only employed persons who
      Article 2 (1 ) of that Directive;                                 satisfy the definition resulting from the combined
                                                                        provisions of Article 1 (a) (ii) of the Regulation and
                                                                        Point I (C) of Annex I thereto, for the purposes of paying
2 . orders the French Republic to pay the costs.                        family benefits under the German legislation.
                                                                        Furthermore, consideration of the questions referred has
                                                                        not disclosed any factor such as to cast doubt on the
(') OJ No C 269 , 14 . 9 . 1996 .                                       validity of the said Annex. However, Article 48 (2) of the
                                                                        EC Treaty must be interpreted as precluding the
                                                                        application of national legislation which results in an
                                                                        employed person whose children are domiciled in another