CELEX: C1998/258/38
Language: en
Date: 1998-08-15 00:00:00
Title: Action brought on 9 June 1998 by the Commission of the European Communities against Ireland (Case C-213/98)

C 258/24              EN                 Official Journal of the European Communities                                  15.8.98
financial controls of insurance companies), the exceptions          The applicant claims that the Court should:
to the freedom to provide services and the right of
establishment are those provided for by that directive and
not those which result from the application of Article 55           Ð find that Ireland has failed to fulfil its obligations
of the EC Treaty.                                                       under the EC Treaty by failing to adopt the laws,
                                                                        regulations or administrative provisions necessary to
(1) OJ L 228 of 11.8.1992, p. 1.                                        comply with Council Directive 92/100/EEC of
                                                                        19 November 1992 on rental and lending rights
                                                                        related to copyright in the field of intellectual
                                                                        property (1), and/or by failing to inform the
                                                                        Commission thereof,
Reference      for    a    preliminary    ruling    by    the
                                                                        and
Bundessozialgericht by order of that court of 31 March
 1998 in case of Ramazan Örs against Bundesknappschaft
                       (Case C-211/98)
                                                                    Ð order Ireland to bear the costs of this procedure.
                        (98/C 258/37)
                                                                    Pleas in law and main arguments adduced in support:
Reference has been made to the Court of Justice of the
European Communities by order of the Bundessozial-
gericht (Federal Social Court) of 31 March 1998, received
                                                                    Article 189 of the EC Treaty, under which a directive shall
at the Court Registry on 8 June 1998, for a preliminary
                                                                    be binding, as to the result to be achieved, upon each
ruling in the case of Ramazan Örs against Bundesknapp-
                                                                    Member State, carries by implication an obligation on the
schaft (Federal Insurance Fund for Miners) on the
                                                                    Member States to observe the period for compliance laid
following questions:
                                                                    down in the directive. That period expired on 1 July 1994
                                                                    without Ireland having enacted the provisions necessary to
1. Is there, on the basis of the law relating to the                comply with the directive referred to in the conclusions of
    Association between the European Economic                       the Commission and/or informing the Commission
    Community        and     Turkey,   a    prohibition    of       thereof.
    discrimination in the field of social security which is
    directly applicable to a Turkish worker in the Federal          (1) OJ L 346 of 27.11.1992, p. 61.
    Republic of Germany?
2. If Question 1 is answered in the affirmative, is that
    prohibition to be interpreted as precluding a national
    provision under which the applicable date of birth for
    statutory pension insurance benefits and for the
    insurance number assigned in that regard is the date            Action brought on 10 June 1998 by the Commission of
    which was documented when the Turkish worker was                 the European Communities against the Hellenic Republic
    first registered with a national social benefit
    institution?                                                                           (Case C-214/98)
                                                                                            (98/C 258/39)
                                                                    An action against the Hellenic Republic was brought
                                                                    before the Court of Justice on 10 June 1998 by the
Action brought on 9 June 1998 by the Commission of the              Commission of the European Communities, represented
           European Communities against Ireland                     by Maria Kondou-Durande, of its Legal Service, with an
                       (Case C-213/98)                              address for service in Luxembourg at the office of Carlos
                                                                    Gómez de la Cruz, also of the Commission's Legal
                        (98/C 258/38)                               Service, Wagner Centre, Kirchberg.
An action against Ireland was brought before the Court of
Justice of the European Communities on 9 June 1998 by               The applicant claims that the Court should declare that:
the Commission of the European Communities,
represented by Karen Banks, a member of its Legal
Service, with an address for service in Luxembourg at the           Ð by failing to refer to the category of solipeds/equidae
office of Mr Carlos Gómez de la Cruz, a member of its                   in the list of meat to which the fees laid down by
Legal Service, Centre Wagner, Kirchberg, Luxembourg.                    Council Directive 93/118/EC (1) apply,