CELEX: C1996/336/10
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT of 2 July 1996 in Case C-290/94: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Freedom of movement for persons - Employment in the public service)

9 . 11 . 96              EN                      Official Journal of the European Communities                                        No C 336/5
2 . Orders the Grand Duchy of Luxembourg to pay the                               1968 on freedom of movement for workers within the
      costs .                                                                     Community;
(') OJ No C 59 , 26 . 2 . 1994 .                                            2 . Orders the Kingdom of Belgium to pay the costs.
( 2 ) OJ , English Special Edition, 1968 ( II ), p. 475 .
                                                                            (') OJ No C 218 , 6 . 8 . 1994 .
                                                                            ( 2 ) OJ , English Special Edition 1968 ( II ), p. 475 .
                 JUDGMENT OF THE COURT
                           of 2 July 1996
                                                                                             JUDGMENT OF THE COURT
       in Case C-l 73/94: Commission of the European
             Communities v. Kingdom of Belgium (*)                                                     of 2 July 1996
(Failure of a Member State to fulfil its obligations —                             in Case C-290/94 : Commission of the European
Freedom of movement for persons — Employment in the                                       Communities v. Hellenic Republic ( ] )
                            public service)                                 (Failure of a Member State to fulfil its obligations —
                            ( 96/C 336/09 )                                 Freedom of movement for persons — Employment in the
                                                                                                       public service)
                                                                                                        ( 96/C 336/10 )
                  (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-l 73/94 : Commission of the European
Communities ( Agent: Dimitrios Gouloussis ) v. Kingdom of
Belgium ( Agent: Patrick Duray ) — Application for a                        In Case C-290/94 : Commission of the European
declaration that, by maintaining a nationality requirement                  Communities ( Agent: Maria Patakia ) v. Hellenic Republic
in relation to workers who are nationals of other Member                    ( Agents : Aikaterini Samoní-Rantou and Stamatina Vodina )
States as regards access to employment as officials or public              — Application for a declaration that, by imposing a Greek
employees of the public bodies responsible for the                          nationality condition in relation to workers who are
distribution of water, gas and electricity ( for example,                   nationals of other Member States as regards access to
Compagnie Intercommunale Bruxelloise des Eaux, Vlaamse                      employment in public, semi-public or municipal
Maatschappij voor Watervoorziening, Unerg, Sibelgaz,                        undertakings and companies distributing water, gas and
etc .), the Kingdom of Belgium has failed to fulfil its                     electricity, in the operational sectors of the public health
obligations pursuant to Article 48 of the EC Treaty and                     service, to teacher posts in nursery, primary and secondary
Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of                schools and higher education establishments and
15 October 1968 on freedom of movement for workers                          universities subject to the Ministry of National Education,
within the Community ( 2 ) — the Court composed of: G. C.                   to posts in air and sea transport services , companies or
Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.                     organizations, in the Greek National Railways ( OSE ), and
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of                     in the public or municipal bodies, companies and
Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.                        undertakings providing public city and intercity transport
Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L.                   services, to posts for scientific and non-scientific staff in
Murray, P. Jann ( Rapporteur ), H. Ragnemalm, L. Sevón                      public establishments conducting research for non-military
and M. Wathelet, Judges ; Advocate-General : P. Leger,                      purposes, to posts in public or semi-public bodies or
Registrar:         D.        Loutermann-Hubeau,              Principal      undertakings providing postal services ( ELTA ),
Administrator, has given a judgment on 2 July 1996 , in                    telecmmunications services ( OTE ) and radio and television
which it :                                                                  broadcasting services ( ET), and as regards access to
                                                                           musicians' posts at the Athens Opera and in municipal and
                                                                            local orchestras, the Hellenic Republic has failed to fulfil its
1 . Declares that, in not restricting the requirement of                    obligations pursuant to Article 48 of the EC Treaty and
      Belgian nationality to access to posts which, in the                 Articles 1 and 7 of Council Regulation ( EEC ) No 1612/68 of
      public legal entities responsible for the distribution of             15 October 1968 on freedom of movement for workers
      water, gas and electricity, involve direct or indirect               within the Community ( 2 ) — the Court composed of: G. C.
      participation in the exercise of powers conferred by                  Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
      public law and duties designed to safeguard the general               Edward , J. -P. Puissochet and G. Hirsch ( Presidents of
      interests of the State or of other public authorities, the            Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.
      Kingdom of Belgium has failed to fulfil its obligations              Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann,
      pursuant to Article 48 of the EC Treaty and Article 1 of             J. L. Murray, P. Jann ( Rapporteur ), H. Ragnemalm,
      Council Regulation (EEC) No 1612/68 of 15 October                     L. Sevón and M. Wathelet, Judges; Advocate-General :
 ---pagebreak--- No C 336/6               EN                     Official Journal of the European Communities                                  9 . 11 . 96
P. Leger, Registrar : D. Loutermann-Hubeau , Principal                      1 . Dismisses the application;
Administrator, has given a judgment on 2 July 1996 , in
which it :
                                                                           2 . Orders the Hellenic Republic to pay the costs.
1 . Declares that, in not restricting the requirement of                   (') OJ No C 132 , 14 . 5 . 1994 .
      Greek nationality to access to posts involving direct or             ( 2 ) OJ No L 301 , 1993 , p . 13 .
      indirect participation in the exercise of powers
      conferred by public law and duties designed to
      safeguard the general interests of the State or of other
      public authorities in the public sectors of water, gas and
      electricity distribution, the operational public health
      services, in the sectors of public education, transport
      by sea and air, railways, city and intercity public                                   JUDGMENT OF THE COURT
      transport, research for civil purposes, posts and
      telecommunications           and    radio      and   television                              (Third Chamber )
      broadcasting, and at the Athens Opera and in municipal                                         of 4 July 1996
      and local orchestras, the Hellenic Republic has failed to
      fulfil its obligations under Article 48 of the EC Treaty             in Case C-254/95 P: European Parliament v. Angelo
                                                                                                      Innamorati ( 1 )
      and Article I of Council Regulation (EEC) No 1612/68
      of 15 October 1968 on freedom of movement for                        (Appeal — Officials — Competitions — Rejection of
      workers within the Community;                                        candidature — Statement of reasons for the decision of a
                                                                                       selection board in an open competition)
2 . Orders the Hellenic Republic to pay the costs.                                                    ( 96/C 336/ 12 )
(') O J No C 370 , 24 . 12 . 1994 .                                                          (Language of the case: French)
( 2 ) OJ , English Special Ediditon 1968 ( II ), p. 475 .
                                                                           (Provisional translation; the definitive translation will be
                                                                                      published in the European Court Reports)
                                                                           In Case C-254/94 P : European Parliament ( Agents : Manfred
                                                                           Peter and Jose Luis Rufas Quintana ) — appeal against the
                 JUDGMENT OF THE COURT                                     judgment of the Court of First Instance of the European
                           ( Sixth Chamber)                                Communities of 30 May 1995 in Case T-289/94 Innamorati
                             of 4 July 1996                                v. Parliament ( 1995 ) ECR-SC 11-393 , seeking to have that
                                                                           judgment set aside, the other party to the proceedings being
in Case C-50/94 : Hellenic Republic v. Commission of the                   Angelo Innamorati ( represented by Jean-Noel Louis,
                     European Communities ( l )                            Thierry Demaseure, Veronique Leclercq and Ariane
      (Clearance of EAGGF accounts — Expenditure for                       Tornel ), the Court ( Third Chamber ), composed of: J. -P.
                                  .1990)                                   Puissochet ( Rapporteur ), President of the Chamber, J. C.
                             ( 96/C 336/ 11 )                              Moitinho de Almeida and C. Gulmann, Judges; N. Fennelly,
                                                                           Advocate-General; R. Grass , Registrar, has given a
                                                                           judgment on 4 July 1996 , in which it :
                   (Language of the case: Greek)
                                                                            1 . Sets aside the judgment of the Court of First Instance
(Provisional translation; the definitive translation will be                     of 30 May 1995 in Case T-289/94 Innamorati v.
            published in the European Court Reports)                             Parliament;
In Case C-50/94 : Hellenic Republic ( Agents : Vasileios                   2 . Dismisses Mr Innamorati 's application for annulment
Kontolaimos, Ioannis Chalkias, Christina Sitara and                              of the decision by which the Selection Board in Open
Vasileia Pelekou ) v. Commission of the European                                  Competition PE/59/A awarded him an eliminatory
Communities ( Agent: Xenophon Yataganas ) — application                          mark in the third written test in that competition and
for annulment of Commission Decision 93/659/EC of
                                                                                 refused to admit him to the other tests;
25 November 1993 on the clearance of the accounts
presented by the Member States in respect of the
expenditure for 1990 of the European Agricultural                           3 . Orders the parties to bear their own costs incurred in
Guidance and Guarantee Fund ( EAGGF ), Guarantee                                 these proceedings and in those before the Court of First
Section ( 2 ), in so far as it concerns the Hellenic Republic the                 Instance .
Court ( Sixth Chamber ), composed of: C. N. Kakouris,
President of the Chamber, G. Hirsch ( Rapporteur ) and                      (') OJ No C 268 , 14 . 10 . 1995 .
P. J. G. Kapteyn, Judges; N. Fennelly, Advocate-General ; H.
von Holstein, Deputy Registrar, has given a judgment on
4 July 1996 , in which it: