CELEX: C1997/074/13
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-314/95 Commission of the European Communities v. Italian Republic (Failure by a Member State to fulfil its obligations - Failure to transpose directives concerning public health and animal health into national law)

8 . 3 . 97           I EN 1                  Official Journal of the European Communities                                     No C 74/7
     accordance with Article 8 (1 ) (b) of Regulation (EEC)                              JUDGMENT OF THE COURT
      No 1768/92, an application for a certificate must not                                       ( Sixth Chamber)
      be refused on that ground alone.
                                                                                                of 23 January 1997
H OJ No C 208 , 12 . 8 . 1995 .                                                 in Case C-3 14/95 Commission of the European
                                                                                        Communities v. Italian Republic ( 1 )
                                                                        (Failure by a Member State to fulfil its obligations —
                                                                        Failure to transpose directives concerning public health
                                                                                       and animal health into national law)
                                                                                                      97/C 74/ 13 )
               JUDGMENT OF THE COURT
                        ( Second Chamber)                                                 (Language of the case: Italian)
                       of 23 January 1997
in Case C-246/95 (reference for a preliminary ruling from                 (Provisional translation; the definitive translation will be
the Conseil d'Etat of the Kingdom of Belgium): Myrianne                             published in the European Court Reports)
                    Coen v. Belgian State ( ! )
(Temporary staff — Recruitment procedure — Member                       In Case C-314/95 : Commission of the European
States invited to propose candidates — Actions before the               Communities (Agent: Eugenio de March) v. Italian
                           national courts)                             Republic ( Agent: Umberto Leanza assisted by Pier Giorgio
                                                                        Ferri ) — application for a declaration that, by not
                             ( 97/C 74/ 12 )                            adopting within the prescribed periods the laws,
                                                                        regulations and administrative provisions necessary to
                                                                        comply with Council Directives 92/45/EEC ( OJ No L 268 ,
                 (Language of the case: French)                         14 . 9 . 1992, p. 35 ), 92/46/EEC ( OJ No L 268 , 14 . 9 .
                                                                        1992, p. 1 ), 92/65/EEC ( OJ No L 268 , 14 . 9. 1992, p. 54 ),
                                                                        92/88/EEC ( OJ No L 321 , 6 . 11 . 1992, p . 24 ), 92/ 116/
                                                                        EEC ( OJ No L 62, 15 . 3 . 1993 , p . 1 ), 92/117/EEC ( OJ No
   (Provisional translation; the definitive translation will be         L 62, 15 . 3 . 1993 , p. 38 ) and 92/118/EEC ( OJ No L 62,
           published in the European Court Reports)                     15 . 3 . 1993 , p. 49 ), the Italian Republic has failed to fulfil
                                                                        its obligations under those Directives and under the EC
                                                                        Treaty — the Court ( Sixth Chamber ), composed of: G. F.
                                                                        Mancini, President of the Chamber, J. L. Murray, C. N.
In Case C-246/95 : reference to the Court under Article 177             Kakouris ( Rapporteur ), G. Hirsch and H. Ragnemalm,
of the EC Treaty from the Conseil d'Etat of the Kingdom                 Judges; D. Ruiz-Jarabo Colomer, Advocate-General; H.
of Belgium for a preliminary ruling in the proceedings                  von Holstein, Administrator for the Registrar, has given a
pending before that court between Myrianne Coen and                     judgment on 23 January 1997 in which it:
Belgian State — on the interpretation of Article 179 of the
EC Treaty and of the Staff Regulations of Officials of the
European Communities — the Court ( Second Chamber),                     1 . declares that, by not adopting within the prescribed
composed of: G. F. Mancini, President of the Chamber, G.                     periods the laws, regulations and administrative
Hirsch and R. Schintgen ( Rapporteur), Judges; N.                            provisions necessary to comply with :
Fennelly, Advocate-General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on
                                                                             — Council Directive 92/45/EEC of 16 June 1992 on
23 January 1997, in which it has ruled:
                                                                                  public health and animal health problems relating
                                                                                   to the killing of wild game and the placing on the
                                                                                   market of wild-game meat,
Article 1 79 of the EC Treaty and Articles 90 and 91 of
the Staff Regulations are to be interpreted as meaning that
                                                                             — Council Directive 92/46/EEC of 16 June 1992
the periods which those provisions prescribe for
                                                                                   laying down the health rules for the production
 challenging a decision of the Commission cannot be
                                                                                  and placing on the market of raw milk, heat­
caused to run afresh by a judgment given by a court of a
                                                                                   treated milk and milk-based products,
Member State finding an act of that State unlawful, where
 the act in question may have influenced the Commission
 decision which is to be challenged.                                         — Council Directive 92/65/EEC of 13 July 1992
                                                                                   laying down animal health requirements governing
                                                                                   trade in and imports into the Community of
 (') OJ No C 248 , 23 . 9 . 1995 .
                                                                                   animals, sperm, ova and embryos not subject to
                                                                                   animal health requirements laid down in specific
                                                                                   Community rules referred to in Annex A (I) to
                                                                                   Directive 90/425/EEC,
 ---pagebreak--- No C 74/8                EN                  Official Journal of the European Communities                                    8 . 3 . 97
      — Council Directive 92/88/EEC of 26 October 1992                  ( Supreme Court of the Netherlands) for a preliminary
           amending Directive 74/63/EEC on undesirable                  ruling in the proceedings pending before that court
           substances and products in animal nutrition,                 between E. J. M. de Jaeck and Staatssecretaris van Finan­
                                                                        cien — on the interpretation of Articles 14 ( a ) and 14 ( c )
                                                                        of Council Regulation ( EEC ) No 1408/71 of 14 June 1971
       — Council Directive 92/116/EEC of 17 December
                                                                        on the application of social security schemes to employed
           1992 amending and updating Directive 71 /118/                persons, to self-employed persons and to members of their
           EEC on health problems affecting trade in fresh              families moving within the Community, as amended and
           poultrymeat,                                                 updated by Council Regulation ( EEC ) No 2001/83 of
                                                                        2 June 1983 ( OJ No L 230, 22. 8 . 1983 , p. 6 ) — the
       — Council        Directive      92/117/EEC      concerning       Court ( Fifth Chamber), composed of: L. Sevon, President
           measures for protection against specific zoonoses            of the First Chamber, acting as President of the Fifth
           and specified zoonotic agents in animals and                 Chamber, D. A. O. Edward, J. -P. Puissochet ( Rapporteur ),
           products of animal origin in order to prevent                P. Jann and M. Wathelet, Judges; D. Ruiz-Jarabo Colomer,
           outbreaks      of food-borne         infections    and       Advocate-General; H. A. Riihl, Principal Administrator,
           intoxications,                                               for the Registrar, has given a judgment on 30 January
                                                                        1997, in which it has ruled:
       — Council Directive 92/118/EEC laying down animal
           health and public health requirements governing
           trade in and imports into the Community of
           products not subject to the said requirements laid           1 . For the purposes of Articles 14 (a) and 14 (c) of
           down in specific Community rules referred to in                   Regulation (EEC) No 1408/71 of the Council of
           Annex A (I) to Directive 89/662/EEC and, as
                                                                             14 June 1971 on the application of social security
           regards pathogens, to Directive 90/425/EEC,                       schemes to employed persons, to self-employed
                                                                             persons and to members of their families moving
                                                                             within the Community, as amended and updated by
       the Italian Republic has failed to fulfil its obligations             Council Regulation (EEC) No 2001 /83 of 2 June
       under Articles 23, 32, 29, 2, 3, 17 and 20 respectively               1983, 'employed' and 'self-employed' should be
       of those Directives;                                                  understood to refer to activities which are regarded as
                                                                             such for the purposes of the social security legislation
                                                                             of the Member State in whose territory those activities
2 . orders the Italian Republic to pay the costs.                            are pursued.
( ! ) OJ No C 315 , 25 . 11 . 1995 .
                                                                        2. Where Article 14 (c) (1 ) (b) of the Regulation is
                                                                             applicable, Community law does not preclude the
                                                                             legislation of one of the two Member States from
                                                                             insuring the person in question against only some of
                 JUDGMENT OF THE COURT                                       the risks covered by its social security scheme,
                                                                             provided that there is no discrimination in that regard
                           ( Fifth Chamber)
                                                                             between nationals of that State and nationals of the
                         of 30 January 1997                                  other Member States.
in Case C-340/94 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): E. J. M. de Jaeck v.
                 Staatssecretaris van Financiën (M
(Social security for migrant workers — Determination of                 3 . Where Article 14 (c) (I ) (b) of the Regulation applies,
the legislation applicable — Definition of employed and                      Community law does not preclude one of the two
                             self-employed)                                  Member States from determining the amount of
                                                                             contributions to be paid by an insured person who
                              ( 97/C 74/ 14                                  works in that State for only part of the working week,
                                                                             without taking into account contributions which that
                                                                             person may pay in another Member State in respect of
                  (Language of the case: Dutch)                              work performed there during the rest of the week .
    (Provisional translation; the definitive translation will be        H OJ No C 392, 31 . 12 . 1994 .
            published in the European Court Reports)
In Case C-340/94 : reference to the Court under Article 177
of the EC Treaty from the Hoge Raad der Nederlanden