CELEX: C2000/211/22
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-209/00: Action brought on 25 May 2000 by the Commission of the European Communities against the Federal Republic of Germany

22.7.2000                EN                   Official Journal of the European Communities                                      C 211/13
— Order the Italian Republic to pay the costs.                           2. order the Federal Republic of Germany to pay the costs.
The pleas in law and main arguments                                      Pleas in law and main arguments
Under the third paragraph Article 249 of the EC Treaty, a                In accordance with the fourth paragraph of Article 249 EC,
directive is to be binding, as to the result to be achieved, upon        the Commission decision of 8 July 1999 is binding in its
each Member State to which it is addressed. Under Article 10(1)          entirety on the Federal Republic of Germany as its addressee,
of the Treaty, Member States are to take appropriate measures,           and it is to be implemented immediately. Since 4 August 1989
whether general or particular, to ensure fulfilment of the               the Federal Republic of Germany has been obliged under
obligations arising out of that Treaty or resulting from action          Article 2 of the decision to adopt all necessary measures to
taken by the institutions of the Community.                              withdraw the aid, which was made available unlawfully, and
                                                                         to recover it from the recipient. Under Article 3, Germany
The Commission finds that, to date, despite the fact that the            must communicate to the Commission within two months
prescribed time-limit has expired, the Italian Republic has not          following notification of the decision the measures adopted to
brought into force the necessary provisions in order to comply           comply with it. In accordance with Article 242 EC, the actions
with Directive 97/36/EC and must therefore declare that the              brought against the decision (1) do not have suspensory effect;
Italian Republic has failed to fulfil its obligations under              an application for suspension of operation of the decision is
Article 2 of the directive.                                              possible under that provision but none has been made.
                                                                         Proposals made hitherto by the Federal Government for
                                                                         implementing the decision have been unacceptable for the
(1) OJ 1997 L 202, p. 60.
                                                                         Commission. Nor was repayment made before a final deadline
(2) OJ 1989 L 298, p. 23.                                                expired.
                                                                         (1) By the Federal Republic of Germany (Case C-376/99), Westdeut-
                                                                             sche Landesbank Girozentrale (T-228/99) and the Land of
                                                                             Nordrhein-Westfalen (T-233/99).
Action brought on 25 May 2000 by the Commission of
the European Communities against the Federal Republic
                            of Germany
                          (Case C-209/00)
                                                                         Reference for a preliminary ruling by the Tribunal du
                                                                         Travail de Mons (Second Chamber) by judgment of that
                          (2000/C 211/22)                                court of 24 May 2000, in the case of Salvatore Stallone
                                                                                       against Office National de l’Emploi
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-                                     (Case C-212/00)
ties on 25 May 2000 by the Commission of the European
Communities, represented by Francisco Santaolalla, Principal
                                                                                                 (2000/C 211/23)
Legal Adviser, and Dr Klaus-Dieter Borchardt, of its Legal
Service, with an address for service in Luxembourg at the office
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                Reference has been made to the Court of Justice of the
Centre C 254, Kirchberg.                                                 European Communities by judgment of the Tribunal du Travail
                                                                         de Mons (Labour Court, Mons) (Second Chamber) of 24 May
                                                                         2000, received at the Court Registry on 30 May 2000, for a
The Commission claims that the Court should:
                                                                         preliminary ruling in the case of Salvatore Stallone against
                                                                         Office National de l’Emploi on the following question:
1. declare that, by not adopting within the period laid down
     all necessary measures to withdraw aid and reclaim
     from Westdeutsche Landesbank Girozentrale aid already               Do the EC treaties, the EC rules, and in particular Articles 1(f)
     granted, the Federal Republic of Germany has failed to              and 68(2) of Council Regulation (EC) No 118/97 of 2 Decem-
     fulfil its obligations under Article 249 EC and Article 3 of        ber 1996 (1), in their current versions or in their version
     Commission Decision K (1999) 2265 final of 8 July 1999              between 1 December 1990 and the date hereof, preclude
     by which the State aid granted by Germany in favour of              Article 110(1), first and second subparagraphs, of the Royal
     Westdeutsche Landesbank Girozentrale in the years 1992              Decree of 25 November 1991 concerning rules on unemploy-
     to 1998 was declared incompatible with the common                   ment in that this national provision makes the award of a
     market;                                                             better rate of unemployment benefit subject to a condition