CELEX: C1997/009/15
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 November 1996 in Case C-262/95: Commission of the European Communities v. Federal Republic of Germany (Failure to fulfil obligations - Transposition of Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC on the discharge of certain dangerous substances into the aquatic environment)

No C 9/8              LJN                     Official Journal of the European Communities                                           . . 97
1 . Declares that, by failing to adopt within the period                 person who undertakes, as an unremunerated activity, the
      laid down the laws, regulations and administrative                 care of his or her handicapped spouse, whatever the extent
      provisions necessary to comply with Council Directive              of that activity and the competence required in order to
      91 /263/EEC of 29 April 1991 on the approximation                  perform it, where the person in question did not, in order
      of the laws of the Member States concerning                        to do so, abandon an occupational activity or interrupt
      telecommunications terminal equipment, including the               efforts to find employment.
      mutual recognition of their conformity, the Grand
      Duchy of Luxembourg has failed to fulfil its                       (') OJ No C 174, 8 . 7. 1995 , p . 2 .
      obligations pursuant to the Directive and in particular            ( 2 ) OJ No L 6 , 10 . 1 . 1979, p . 24 .
      under Article 1 7 thereof.
2 . Orders the Grand Duchy of Luxembourg to pay the
      costs.
f 1 ) OJ No C 254, 10 . 9 . 1994, p . 10 .
( 2 ) OJ No L 128 , 23 . 5 . 1991 , p . 1 .
                                                                                          JUDGMENT OF THE COURT
                                                                                                     ( Sixth Chamber)
                                                                                                   of 7 November 1996
                                                                         in      Case C-262/95 : Commission of the European
                JUDGMENT OF THE COURT                                             Communities v. Federal Republic of Germany ( J )
                            (Fifth Chamber)
                                                                         (Failure to fulfil obligations — Transposition of Directives
                        of 7 November 1996                               82/1 76/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and
in Case C-77/95 (reference for a preliminary ruling from                 86/280ZEEC on the discharge of certain dangerous
the Hanseatisches Oberlandesgericht, Bremen): Bruna­                                  substances into the aquatic environment)
Alessandra Ziichner v. Handelskrankenkasse (Ersatzkasse )                                                ( 97/C 9/ 15 )
                                Bremen ( 1 )
(Equal treatment for men and women in matters of social
    security — Directive 79/7ZEEC — Working population)                                    (Language of the case: German)
                               ( 97/C 9/ 14 )
                                                                            (Provisional translation; the definitive translation will be
                 (Language of the case: German)                                      published in the European Court Reports)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                      In      Case    C-262/95 :        Commission   of the    European
                                                                         Communities         (Agent:       Gotz zur Hausen )   v.   Federal
                                                                         Republic of Germany ( Agent: Ernst Roder) — application
In Case C-77/95 : reference to the Court pursuant to                     for a declaration that, by not adopting the necessary
Article 177 of the EC Treaty from the Hanseatisches                      measures to comply with:
Oberlandesgericht ( Higher Regional Court), Bremen
( Germany ), for a preliminary ruling in the proceedings
pending before that court between Bruna-Alessandra                       — Council Directive 82/ 1 76/EEC of 22 March 1982 on
Ziichner v. Handelskrankenkasse ( Ersatzkasse ) Bremen —                        limit values and quality objectives for mercury
on the interpretation of Council Directive 79/7/EEC of                          discharges by the chlor-alkali electrolysis industry ( 2 ),
 19 December 1978 on the progressive implementation of
the principle of equal treatment for men and women in
matters of social security ( 2 ), and of the principles of               — Council Directive 83/513/EEC of 26 September 1983
Community law governing the liability of public                                 on limit values and quality objectives for cadmium
authorities — the Court ( Fifth Chamber), composed of: L.                       discharges ( 3 ),
Sevon, President of Chamber, acting for the President of
the Fifth Chamber ( Rapporteur ), C. Gulmann, D. A. O.
Edward, J. -P. Puissochet and P. Jann, Judges; D. Ruiz­                  — Council Directive 84/ 156/EEC of 8 March 1984 on
Jarabo Colomer, Advocate-General; H. A. Riihl, Principal                        limit values and quality objectives for mercury
Administrator, for the Registrar, has given a judgment on                       discharges by sectors other than the chlor-alkali
7 November 1996 , in which it has ruled :
                                                                                electrolysis industry (4 ),
Article 2 of Council Directive 79/7/EEC of 19 December
 1978 on the progressive implementation of the principle                 — Council Directive 84/491 /EEC of 9 October 1984 on
of equal treatment for men and women in matters of                              limit values and quality objectives for discharges of
social security must be interpreted as not covering a                           hexachlorocyclohexane ( 5 ), and
 ---pagebreak---  11.1.97              I EN |               Official Journal of the European Communities                                     No C 9/9
— Council Directive 86/280/EEC of 12 June 1986 on                                     JUDGMENT OF THE COURT
      limit values and quality objectives for discharges of                                   ( Sixth Chamber)
      certain dangerous substances included in List I of the
      Annex to Directive 76/464/EEC (6 ),                                                   of 7 November 1996
                                                                      in    Case    C-3 15/95 : Commission of the European
                                                                                    Communities v. Italian Republic ( ')
and in particular with Article 3 of each of those
Directives, the Federal Republic of Germany has failed to              (Failure to fulfil obligations — Failure to transpose
fulfil its obligations pursuant to the EC Treaty — the                Directives 93/48/EEC, 93/49/EEC, 93/52/EEC, 93/61/
Court ( Sixth Chamber), composed of: G. F. Mancini,                                        EEC and 93/85/EEC)
President of the Chamber, J. L. Murray ( Rapporteur ),                                            ( 97/C 9/16 )
C. N. Kakouris, P. J. G. Kapteyn and H. Ragnemalm,
Judges; P. Leger, Advocate-General; R. Grass, Registrar,
has given a judgment on 7 November 1996, in which it:                                  (Language of the case: Italian)
1 . Declares that, by not adopting, within the prescribed               (Provisional translation; the definitive translation will be
      time-limits, the necessary measures to comply with:                        published in the European Court Reports)
     — Council Directive 82/176/EEC of 22 March 1982                  In Case C-3 15/95 : Commission of the European
          on limit values and quality objectives for mercury          Communities (Agent: Eugenio de March ) v. Italian
          discharges by the chlor-alkali electrolysis industry,       Republic (Agent: Professor Umberto Leanza, assisted by
                                                                      Ivo Braguglia ) — application for a declaration that, by not
                                                                      adopting and bringing into force within the prescribed
     — Council Directive 83/513/EEC of 26 September                   periods the laws, regulations and administrative provisions
          1983 on limit values and quality objectives for             necessary to comply with:
          cadmium discharges,
                                                                      — Commission Directive 93/48/EEC of 23 June 1993
     — Council Directive 84/156/EEC of 8 March 1984                        setting out the schedule indicating the conditions to be
          on limit values and quality objectives for mercury               met by fruit plant propagating material and fruit
          discharges by sectors other than the chlor-alkali                plants intended for fruit production, pursuant to
          electrolysis industry,                                           Council Directive 92/34/EEC (2 ),
     — Council Directive 84/491 /EEC of 9 October 1984                — Commission Directive 93/49/EEC of 23 June 1993
          on limit values and quality objectives for                       setting out the schedule indicating the conditions to be
          discharges of hexachlorocyclohexane, and                         met by ornamental plant propagating material and
                                                                           ornamental plants pursuant to Council Directive 91/
                                                                           682/EEC ( 3 ),
     — Council Directive 86/280/EEC of 12 June 1986 on
          limit values and quality objectives for discharges of
          certain dangerous substances included in List I of          — Council Directive 93/52/EEC of 24 June 1993
          the Annex to Directive 76/464/EEC,                               amending Directive 89/556/EEC on animal health
                                                                           conditions governing intra-Community trade in and
                                                                           importation from third countries of embryos of
                                                                           domestic animals of the bovine species ( 4),
     and in particular with Article 3 of each of those
     Directives, the Federal Republic of Germany has failed
     to fulfil its obligations under those Directives.                — Commission Directive 93/61/EEC of 2 July 1993
                                                                           setting out the schedules indicating the conditions to
                                                                           be met by vegetable propagating and planting
2 . Orders the Federal Republic of Germany to pay the                      material, other than seed pursuant to Council
     costs.
                                                                           Directive 92/33/EEC ( 5 ), and
(!)  OJ No C 248 , 23 . 9 . 1995 , p . 9 .                            — Council Directive 93/85/EEC of 4 October 1993 on
(2)  OJ No L 81 , 27. 3 . 1982 , p . 29 .                                  the control of potato ring rot ( 6 ),
(3)  OJ No L 291 , 24 . 10 . 1983 , p. 1 .
(4 ) OJ No L 74 , 17. 3 . 1984, p. 49 .
(5)  OJ No L 274, 17. 10 . 1984, p . 11                               the Italian Republic has failed to fulfil its obligations
(6)  OJ No L 181,4 . 7. 1986 , p . 16 .                               pursuant to those Directives and pursuant to the EC
                                                                      Treaty — the Court ( Sixth Chamber), composed of: G. F.
                                                                      Mancini, President of the Chamber, J. L. Murray, C. N.
                                                                      Kakouris ( Rapporteur ), P. J. G. Kapteyn and H.