CELEX: C1999/333/19
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court (First Chamber) of 8 July 1999 in Case C-354/98: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations - Failure to implement Directive 96/97/EC)

C 333/10                EN                      Official Journal of the European Communities                                     20.11.1999
                 JUDGMENT OF THE COURT                                                        ORDER OF THE COURT
                          (First Chamber)
                                                                                                  (Third Chamber)
                           of 8 July 1999
                                                                                                    of 5 May 1999
in Case C-354/98: Commission of the European Communi-
                     ties v French Republic (1)
                                                                           in Case C-57/98 P: Asociación Telefónica de Mutualistas
                                                                             (ATM) v Commission of the European Communities (1)
(Failure by a Member State to fulfil its obligations — Failure
               to implement Directive 96/97/EC)
                                                                           (Appeal — State aid — Reduction of social charges —
                                                                           Decision not to act on the complaint — Interest in bringing
                          (1999/C 333/19)                                                  proceedings — Inadmissibility)
                                                                                                   (1999/C 333/20)
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published                       (Language of the case: Spanish)
                   in the European Court Reports)
In Case C-354/98: Commission of the European Communities                   In Case C-57/98 P: Asociación Telefónica de Mutualistas
(Agent: Marie Wolfcarius) v French Republic (Agents: Kareen                (ATM), an association incorporated under Spanish law, estab-
Rispal-Bellanger and Anne de Bourgoing) — application for a                lished in Madrid, represented by Juan Eugenio Blanco Rodrı́g-
declaration that, by failing to adopt the laws, regulations and            uez and Bernardo Vicente Hernández Bataller, of the Madrid
administrative provisions necessary to comply with Council                 Bar, with an address for service in Luxembourg at the
Directive 96/97/EC of 20 December 1996 amending Directi-                   Chambers of André Sérébriacoff, 11 Rue Goethe — appeal
ve 86/378/EEC on the implementation of the principle of                    against the judgment of the Court of First Instance of the
equal treatment for men and women in occupational social                   European Communities (First Chamber, Extended Compo-
security schemes (OJ 1997 L 46, p. 20), the French Republic                sition) of 18 December 1997 in Case T-178/94 ATM v Com-
has failed to fulfil its obligations under that directive — the            mission [1997] ECR II-2529, seeking to have that judgment
Court (First Chamber), composed of: P. Jann, President of the              set aside and to have the claims put forward by the applicant
Chamber, D.A.O. Edward (Rapporteur) and L. Sevón, Judges;                 at first instance upheld, the other party to the proceedings
A. La Pergola, Advocate General; R. Grass, Registrar, has given            being the Commission of the European Communities (Agents:
a judgment on 8 July 1999, in which it:                                    Francisco Santaolalla and Juan Guerra Fernández) — the Court
                                                                           (Third Chamber), composed of: J.-P. Puissochet, President of
                                                                           the Chamber, J.C. Moitinho de Almeida and C. Gulmann,
1. Declared that, by failing to adopt all the laws, regulations and        Judges; N. Fennelly, Advocate General; R. Grass, Registrar, has
    administrative provisions necessary to comply with Council             made an order on 5 May 1999, the operative part of which is
    Directive 96/97/EC of 20 December 1996 amending Directi-               as follows:
    ve 86/378/EEC on the implementation of the principle of equal
    treatment for men and women in occupational social security
    schemes, the French Republic has failed to fulfil its obligations      1. The appeal is dismissed.
    under that directive;
                                                                           2. The Asociación Telefónica de Mutualistas is ordered to pay the
2. Ordered the French Republic to pay the costs.                                costs.
                                                                           (1) OJ C 137 of 2.5.1998.
(1) OJ No C 340 of 7.11.1998.