CELEX: C2000/302/24
Language: en
Date: 2000-10-21 00:00:00
Title: Order of the Court of 21 June 2000 in Case C-514/99: French Republic v Commission of the European Communities (Application for annulment — Manifest inadmissibility)

21.10.2000                 EN                     Official Journal of the European Communities                                             C 302/13
Court) Münster, Germany, for a preliminary ruling in the                     of Belgium (Agent: A. Snoecx, assisted by F.P. Louis and
proceedings pending before that court between Viktor Movrin                  A. Vallery) — application for a declaration that, by communi-
and Landesversicherungsanstalt Westfalen (Regional Insurance                 cating to the Commission a programme for the implemen-
Office, Westphalia) on the interpretation of the EC Treaty and               tation of Council Directive 91/271/EEC of 21 May 1991
of Council Regulation (EEC) No 1408/71 of 14 June 1971 on                    concerning urban waste water treatment (OJ 1991 L 135,
the application of social security schemes to employed persons,              p. 40) which does not comply with the directive as regards the
to self-employed persons and to members of their families                    Brussels-Capital Region, the Kingdom of Belgium has failed to
moving within the Community, as amended and updated by                       fulfil its obligations under that directive and, in particular,
Council Regulation (EC) No 118/97 of 2 December 1996 (OJ                     Article 17 thereof — the Court (Sixth Chamber), composed
1997 L 28, p. 1) the Court (Sixth Chamber), composed of:                     of: J.C. Moitinho de Almeida, President of the Chamber,
J.C. Moitinho de Almeida (Rapporteur), President of the                      R. Schintgen, J.-P. Puissochet, G. Hirsch and F. Macken (Rap-
Chamber, R. Schintgen, C. Gulmann, J.-P. Puissochet and                      porteur), Judges; F.G. Jacobs, Advocate General; D. Louterman-
V. Skouris, Judges; F.G. Jacobs, Advocate General; H. von                    Hubeau, Principal Administrator, for the Registrar, has given a
Holstein, Deputy Registrar, for the Registrar, has given a                   judgment on 6 July 2000, in which it:
judgment on 6 July 2000, in which it held that:
                                                                             1.    Declares that, by communicating to the Commission a pro-
On a proper construction of Article 1(t) and Article 10(1) of Council              gramme for the implementation of Council Directive
Regulation (EEC) No 1408/71 of 14 June 1971 on the application                     91/271/EEC of 21 May 1991 concerning urban waste water
of social security schemes to employed persons, to self-employed                   treatment which does not comply with that directive as regards
persons and to members of their families moving within the                         the Brussels-Capital Region, the Kingdom of Belgium has failed
Community, as amended and updated by Council Regulation (EC)                       to fulfil its obligations under Article 17 of that directive;
No 118/97 of 2 December 1996, a sickness insurance contribution
subsidy provided for in the legislation of a Member State, such as the       2.    Orders the Kingdom of Belgium to pay the costs.
subsidy at issue in the main proceedings, constitutes an old-age cash
benefit for the purposes of those provisions. The recipient of an old-
age pension payable under that legislation may claim such a subsidy          (1) OJ C 246 of 28.8.1999.
even if he is resident in another Member State where he is compulsorily
affiliated to the sickness insurance scheme.
(1) OJ C 136 of 15.5.1999.
                                                                                                    ORDER OF THE COURT
                                                                                                          of 21 June 2000
                    JUDGMENT OF THE COURT                                    in Case C-514/99: French Republic v Commission of the
                                                                                                   European Communities (1)
                            (Sixth Chamber)
                                                                                (Application for annulment — Manifest inadmissibility)
                              of 6 July 2000
                                                                                                          (2000/C 302/24)
in Case C-236/99: Commission of the European Communi-
                    ties v Kingdom of Belgium (1)
                                                                                                    (Language of the case: French)
(Failure by a Member State to fulfil its obligations — Failure
                 to transpose Directive 91/271/EEC)
                                                                             (Provisional translation: the definitive translation will be published
                                                                                                   in the European Court Reports)
                             (2000/C 302/23)
                                                                             In Case C-514/99: French Republic (Agents: R. Abraham,
                       (Language of the case: French)                        K. Rispal-Bellanger and R. Loosli-Surrans) v Commission of
                                                                             the European Communities (Agents: D. Booß and G. Berscheid)
                                                                             — application for annulment of the Commission’s decision
                                                                             refusing to modify or revoke its Decision 1999/514/EC of
(Provisional translation; the definitive translation will be published       23 July 1999 setting the date on which dispatch from the
                      in the European Court Reports)
                                                                             United Kingdom of bovine products under the date-based
                                                                             export scheme may commence by virtue of Article 6(5) of
In Case C-236/99: Commission of the European Communities                     Council Decision 98/256/EC (OJ 1999 L 195, p. 42) — the
(Agents: G. Valero Jordana and O. Couvert-Castéra) v Kingdom                 Court, composed of. G.C. Rodrı́guez Iglesias, President,
 ---pagebreak--- C 302/14                EN                     Official Journal of the European Communities                                    21.10.2000
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón (Rappor-               Action brought on 27 December 1999 by Portuguese
teur) and R. Schintgen, Presidents of Chambers, and                       Republic against Commission of the European Communi-
P.J.G. Kapteyn, C. Gulmann, A. La Pergola, J.-P. Puissochet,                                              ties
G. Hirsch, P. Jann, H. Ragnemalm, M. Wathelet, V. Skouris
and F. Macken, Judges; J. Mischo, Advocate General; R. Grass,                                       (Case C-509/99)
Registrar, has made an order on 21 June 2000, the operative
part of which is as follows:                                                                        (2000/C 302/26)
1.    The action is dismissed.                                            An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of Justice of the European
2.    The French Republic is to pay the costs.                            Communities on 27 December 1999 by the Portuguese Repub-
                                                                          lic, represented by Luı́s Fernandes, Director of the Legal
(1) OJ C 63 of 4.3.2000.                                                  Services of the Directorate General for Community Affairs at
                                                                          the Ministry of Foreign Affairs, and Maria Luı́sa Duarte,
                                                                          Professor at the Law Faculty of the University of Lisbon, acting
                                                                          as Agents, and by Miguel Galvão Teles and Mário Marques
                                                                          Mendes, of the Lisbon Bar, with an address for service in
                                                                          Luxembourg at the Portuguese Embassy, 24 Rue Guillaume
                                                                          Schneider.
Action brought on 13 October 1999 by Portuguese                           The applicant claims that the Court should:
Republic against Commission of the European Communi-
                                ties                                      1.    find the present application admissible and
                          (Case C-391/99)                                       (a)   declare non-existent Commission Decision of
                                                                                      20 October 1999 (C (1999) 3370 final) relating to
                          (2000/C 302/25)                                             a procedure pursuant to Article 21 of Council
                                                                                      Regulation (EEC) No 4064/89 (1) of 21 December
                                                                                      1989 on the control of concentrations between
An action against the Commission of the European Communi-                             undertakings (Case IV/M 1616 — A. Champali-
ties was brought before the Court of Justice of the European                          maud/BSCH)
Communities on 13 October 1999 by the Portuguese Repu-
blic, represented by Luı́s Fernandes, Director of the Legal                     (b) in the alternative, declare the abovementioned
Services of the Directorate General for Community Affairs at                          Decision void.
the Ministry of Foreign Affairs, and Maria Luı́sa Duarte,
Professor at the Law Faculty of the University of Lisbon, acting          2.    Order the Commission to pay the costs.
as Agents, with an address for service in Luxembourg at the
Portuguese Embassy, 24 Rue Guillaume Schneider.                           By Order of 14 September 2000, the President of the Court of Justice
                                                                          of the European Communities ordered the removal of the case from
The applicant claims that the Court should:                               the Register of the Court.
1.    find the present application admissible and                         (1) OJ 1989 L 395, p. 1.
      (a)   declare non-existent Commission Decision of
            20 July 1999 (C (1999) 2406 final) relating to
            a procedure pursuant to Article 21 of Council
            Regulation (EEC) No 4064/89 (1) of 21 December
            1989 on the control of concentrations between
            undertakings (Proc. IV/M 1616 — A. Champali-                  Reference for a preliminary ruling by the Bundesverwal-
            maud/BSCH)                                                    tungsgericht by order of 27 April 2000 in the case of
                                                                          Stratmann GmbH & Co. KG v Landrätin of Wesel Local
      (b) in the alternative, declare the abovementioned                                               Authority
            Decision void.
                                                                                                    (Case C-284/00)
2.    Order the Commission to pay the costs.
                                                                                                    (2000/C 302/27)
By Order of 13 September 2000, the President of the Court of Justice
of the European Communities ordered the removal of the case from          Reference has been made to the Court of Justice of the
the Register of the Court.                                                European Communities by order of 27 April 2000 by the
                                                                          Bundesverwaltungsgericht (Federal Administrative Court),
(1) OJ 1989 L 395, p. 1.                                                  which was received at the Court Registry on 19 July 2000, for
                                                                          a preliminary ruling in the case of Stratmann GmbH & Co. KG
                                                                          v Landrätin (Administrative Head) of Wesel Local Authority
                                                                          on the following question: