CELEX: C2000/063/10
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 December 1999 in Case C-382/98 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Divisional Court)): The Queen v Secretary of State for Social Security, ex parte: John Henry Taylor (Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Grant of a winter fuel payment — Link with pensionable age)

C 63/6                   EN                     Official Journal of the European Communities                                           4.3.2000
    by not transposing those directives with regard to mutual societies    2. The derogation laid down in Article 7(1)(a) of Directive
    governed by the Code de la Mutualité, the French Republic has              79/7/EEC is not applicable to a benefit such as that paid under
    failed to fulfil its obligations under the EC Treaty and under             Regulations 2(5), 2(6) and 3(1) of the Social Fund Winter Fuel
    those directives;                                                          Payment Regulations 1998.
2. Orders the French Republic to pay the costs.
                                                                           (1) OJ C 397 of 19.12.1998.
(1) OJ C 278 of 5.9.1998.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                             (Third Chamber)
                          (Sixth Chamber)                                                        of 16 December 1999
                       of 16 December 1999                                 in Case C-26/99: Commission of the European Communi-
                                                                                       ties v Grand Duchy of Luxembourg (1)
in Case C-382/98 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s                    (Failure by a Member State to fulfil its obligations — Failure
Bench Division (Divisional Court)): The Queen v Sec-                                       to transpose Directive 95/30/EC)
retary of State for Social Security, ex parte: John Henry
                               Taylor (1)
                                                                                                     (2000/C 63/11)
(Directive 79/7/EEC — Equal treatment for men and women
in matters of social security — Grant of a winter fuel                                         (Language of the case: French)
             payment — Link with pensionable age)
                           (2000/C 63/10)                                  (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: English)                        In Case C-26/99: Commission of the European Communities
                                                                           (Agents: P.J. Kuijper and N. Yerrell) v Grand Duchy of
In Case C-382/98: reference to the Court under Article 177 of              Luxembourg (Agent: P. Steinmetz) — application for a declar-
the EC Treaty (now Article 234 EC) from the High Court                     ation that, by failing to adopt and/or notify to the Commission
of Justice of England and Wales, Queen’s Bench Division                    the laws, regulations and administrative provisions necessary
(Divisional Court), United Kingdom, for a preliminary ruling               to comply with Commission Directive 95/30/EC of 30 June
in the proceedings pending before that court between The                   1995 adapting to technical progress Council Directive
Queen and Secretary of State for Social Security, ex parte: John           90/679/EEC on the protection of workers from risks related
Henry Taylor — on the interpretation of Articles 3 and 7(1)(a)             to exposure to biological agents at work (seventh individual
of Council Directive 79/7/EEC of 19 December 1978 on the                   Directive within the meaning of Article 16(1) of Directive
progressive implementation of the principle of equal treatment             89/391/EEC) (OJ 1995 L 155, p. 41), the Grand Duchy of
for men and women in matters of social security (OJ 1979 L 6,              Luxembourg has failed to fulfil its obligations under the
p. 24) — the Court (Sixth Chamber), composed of: R. Schintg-               EC Treaty — the Court (Third Chamber), composed of:
en, President of the Second Chamber, acting as President of                J.C. Moitinho de Almeida (Rapporteur), President of the
the Sixth Chamber, P.J.G. Kapteyn, G. Hirsch, H. Ragnemalm                 Chamber, C. Gulmann and J.-P. Puissochet, Judges; N. Fennelly,
(Rapporteur) and V. Skouris, Judges; J. Mischo, Advocate                   Advocate General; R. Grass, Registrar, has given a judgment
General; D. Louterman-Hubeau, Principal Administrator, for                 on 16 December 1999, in which it:
the Registrar, has given a judgment on 16 December 1999, in
which it has ruled:                                                        1. Declares that, by failing to adopt, within the prescribed period,
                                                                               the laws, regulations and administrative provisions necessary to
1. Article 3(1) of Council Directive 79/7/EEC of 19 December                   comply with Commission Directive 95/30/EC of 30 June 1995
    1978 on the progressive implementation of the principle of equal           adapting to technical progress Council Directive 90/679/EEC
    treatment for men and women in matters of social security must             on the protection of workers from risks related to exposure to
    be interpreted as meaning that a winter fuel payment, such as              biological agents at work (seventh individual Directive within the
    that made under Regulations 2(5), 2(6) and 3(1) of the Social              meaning of Article 16(1) of Directive 89/391/EEC), the Grand
    Fund Winter Fuel Payment Regulations 1998, is covered by that              Duchy of Luxembourg has failed to fulfil its obligations under
    directive.                                                                 Article 2(1) of that Directive;