CELEX: C1995/159/03
Language: en
Date: 1995-06-24 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 4 May 1995 in Case C-79/94: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil obligations - Directive 77/62/EEC - Framework agreement for the exclusive supply of dressing material for use in Greek hospitals and by the Greek army)

No C 159/2              EN                   Official Journal of the European Communities                                     24 . 6 . 95
Advocate-General; H. A. Riihl, Principal Administrator, for                   in the Official Journal of the European Communities,
the Registrar, has given a j udgment on 4 May 1 995, in which                 the Hellenic Republic has failed to fulfil its obligations
it rules :                                                                    under Council Directive 77/62/EEC of 21 December
                                                                              1976 coordinating procedures for the award of public
                                                                              supply contracts, as last amended by Directive
The definition of 'child' for the purposes of Article 12 of                   88/29 S/EEC of 22 March 1988;
Council Regulation (EEC) No 1612/68 of 15 October 1968
on freedom of movement for workers within the
Community is not subject to the same conditions of age or               2 , orders the Hellenic Republic to pay the costs.
dependency as are the rights governed by Article 10 (1 ) and
Article 11 of that Regulation.
                                                                        (!) OJ No C 132 , 14 . 5 . 1994 .
                                                                        ( 2 ) OJ No L 13 , 15 . 1 . 1977, p. 1 .
( 1 ) OJ No C 59 , 26 . 2 . 1994 .                                      ( 3 ) OJ No L 127, 20 . 5 . 1988 , p . 1 .
( 2 ) OJ No L 257, 19 . 10 . 1968 , p . 2 .
                                                                                        JUDGMENT OF THE COURT
                JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                           (Fifth Chamber )
                                                                                                     of 4 May 1995
                            of 4 May 1995
                                                                        in Case C-218/94 : Commission of the European
in     Case    C-79/94 : Commission of the              European                    Communities v. Kingdom of Belgium ( x )
             Communities v. Hellenic Republic (*)
                                                                        (Failure ofa Member State to fulfil obligations — Directive
(Failure ofa Member State to fulfil obligations — Directive                           91/263/EEC — Failure to transpose)
 77/62/EEC — Framework agreement for the exclusive
                                                                                                      ( 95/C 159/04 )
supply ofdressing material for use in Greek hospitals and by
                           the Greek army)
                             ( 95/C 159/03 )                                             (Language of the case: French)
                 (Language of the case: Greek)                          (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-218/94 : Commission of the European
                                                                        Communities (Agents : Anders Jessen and Jean-Francis
                                                                        Pasquier ) v. Kingdom of Belgium (Agent: J. Devadder) —
In Case C-79/94 : Commission of the European
                                                                        application for a declaration that, by failing to adopt the
Communities (Agent: X. A. Yataganas ) v. Hellenic Republic
                                                                        laws, regulations and administrative measures necessary to
(Agents : V. Kontolaimos and E. -M. Mamouna ) —
                                                                        comply with Council Directive 91 /263/EEC of 29 April
application for a declaration that, by concluding a
                                                                        1991 on the approximation of the laws of the Member
framework agreement for the exclusive supply by six Greek
textile undertakings of dressing material for use in Greek              States concerning telecommunications terminal equipment,
hospitals and by the Greek army and by failing to publish
                                                                        including the mutual recognition of their conformity ( 2 ), the
the relevant notice in the Official Journal of the European
                                                                        Kingdom of Belgium has failed to fulfil its obligations under
Communities, the Hellenic Republic has failed to fulfil its
                                                                        the third paragraph of Article 189 of the EC Treaty and
                                                                        under Article 17 of the above Directive, and, in the
obligations under Council Directive 77/62/EEC of
                                                                        alternative , a declaration that, by failing to inform the
21 December 1976 coordinating procedures for the award
                                                                        Commission without -delay of the measures adopted to that
of public supply contracts ( 2 ), as last amended by Directive
88/295/EEC of 22 March 1988 ( 3 ) — the Court ( Fifth                   end, the Kingdom of Belgium has in any event failed to fulfil
                                                                        its obligations under those provisions — the Court ( Sixth
Chamber), composed of C. Gulmann, President of the
Chamber, J. C. Moitinho de Almeida ( Rapporteur ), D. A. O.             Chamber), composed of F. A. Schockweiler, President of the
                                                                        Chamber, G. F. Mancini ( Rapporteur), J. L. Murray, G.
Edward, J.-P. Puissochet and L. Sevôn, Judges; C. O. Lenz,
Advocate-General; L. Hewlett, Administrator, for the
                                                                        Hirsch and H. Ragnemalm, Judges; C. O. Lenz,
                                                                        Advocate-General; R. Grass, Registrar, has given a
Registrar, has given a judgment on 4 May 1995 , in which
it :
                                                                        judgment on 4 May 1 995 , in which it:
1 . declares that, by concluding a framework agreement for              1 , declares that, by failing to adopt within the period
      the exclusive supply by six Greek textile undertakings of               specified the laws, regulations and administrative
      dressing material for use in Greek hospitals and by the                 measures necessary to comply with Council Directive
      Greek army and by failing to publish the relevant notice                91 /263/EEC of 29 April 1991 on the approximation of