CELEX: C1998/397/15
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 October 1998 in Case C-185/96: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Benefits for large families - Discrimination)

19.12.98             EN                Official Journal of the European Communities                                      C 397/9
Provinciale (Provincial Tax Court), Milan (Italy) for a           obligations under the EC Treaty Ð the Court (First
preliminary ruling in the proceedings pending before that         Chamber), composed of: P. Jann (Rapporteur), President
court between Abruzzi Gas SpA (Agas) and                          of the Chamber, L. Sevón and M. Wathelet, Judges; A. La
Amministrazione Tributaria di Milano Ð on the                     Pergola, Advocate-General; R. Grass, Registrar, has given
interpretation of Council Directive 69/335/EEC of 17 July         a judgment on 27 October 1998, in which it:
1969 concerning indirect taxes on the raising of capital
(OJ English Special Edition 1969 (II), p. 412), as amended
by Council Directive 85/303/EEC of 10 June 1985 (OJ
L 156, 15.6.1985, p. 23) Ð the Court (Sixth Chamber),             1. Declares that, failing to adopt within the period
composed of: G. Hirsch, President of the Second Chamber,               prescribed the laws, regulations and administrative
acting for the President of the Sixth Chamber, G. F.                   provisions necessary to comply with Council Directive
Mancini, J. L. Murray, H. Ragnemalm (Rapporteur) and                   93/103/EC of 23 November 1993 concerning the
K. M. Ioannou, Judges; G. Cosmas, Advocate-General;                    minimum safety and health requirements for work on
D. Louterman-Hubeau, Principal Administrator, for the                  board fishing vessels (13th individual directive within
Registrar, has given a judgment on 27 October 1998, in                 the meaning of Article 16(1) of Directive 89/391/
which it has ruled:                                                    EEC), Ireland has failed to fulfil its obligations under
                                                                       Article 13(1) thereof;
Council Directive 69/335/EEC of 17 July 1969 concerning           2. Orders Ireland to pay the costs.
indirect taxes on the raising of capital, as amended by
Council Directive 85/303/EEC of 10 June 1985, does not
preclude the levying of registration duty in respect of the       (1) OJ C 370, 6.12.1997.
acquisition of companies by a company which already
holds all the shares in the companies acquired.
(1) OJ C 199, 28.6.1997.
                                                                                 JUDGMENT OF THE COURT
                                                                                          (Fifth Chamber)
                                                                                        of 29 October 1998
              JUDGMENT OF THE COURT                                      in Case C-185/96: Commission of the European
                                                                               Communities v. Hellenic Republic (1)
                       (First Chamber)
                                                                  (Failure of a Member State to fulfil its obligations Ð
                     of 27 October 1998                                    Benefits for large families Ð Discrimination)
      in Case C-364/97: Commission of the European                                         (98/C 397/15)
                  Communities v. Ireland (1)
(Failure to fulfil obligations Ð Non-transposition of
                    Directive 93/103/EC)                                          (Language of the case: Greek)
                         (98/C 397/14)
                                                                    (Provisional translation; the definitive translation will be
                                                                            published in the European Court Reports)
               (Language of the case: English)
                                                                  In Case C-185/96: Commission of the European
In Case C-364/97: Commission of the European                      Communities (Agent: Maria Patakia) v. Hellenic Republic
Communities (Agent: Pieter Jan Kuijper) v. Ireland (Agent:        (Agents: Ioanna Galani-Maragkoudaki and Stamatina
Michael A. Buckley) Ð application for a declaration that,         Vodina) Ð application for a declaration that, by
by not adopting and/or by not communicating to the                precluding by regulation or administrative practice on the
Commission the laws, regulations and administrative               grounds of their nationality employed or self-employed
provisions necessary to comply with Council Directive 93/         workers from other Member States and the members of
103/EC of 23 November 1993 concerning the minimum                 their families from being attributed large-family status for
safety and health requirements for work on board fishing          the purpose of the award of special benefits for such
vessels (13th individual directive within the meaning of          families and from being awarded family allowances, the
Article 16(1) of Directive 89/391/EEC) (OJ L 307,                 Hellenic Republic has failed to fulfil its obligations under
13.12.1993, p. 1), Ireland has failed to fulfil its               Articles 48 and 52 of the EC Treaty, Article 7 of Council
 ---pagebreak--- C 397/10             EN                 Official Journal of the European Communities                                     19.12.98
Regulation (EEC) No 1612/68 of 15 October 1968 on                           employed persons and to members of their families
freedom of movement for workers within the Community                        moving within the Community;
(OJ, English Special Edition 1968(II), p. 475), Article 7 of
Commission Regulation (EEC) No 1251/70 of 29 June
1970 on the right of workers to remain in the territory of
a Member State after having been employed in that State            2. Orders the Hellenic Republic to pay the costs.
(OJ, English Special Edition 1970(II), p. 402), Article 7 of
Council Directive 75/34/EEC of 17 December 1974
concerning the right of nationals of a Member State to             (1) OJ C 247, 24.8.1996.
remain in the territory of another Member State after
having pursued therein an activity in a self-employed
capacity (OJ L 14, 20.1.1975, p. 10) and Article 3 of
Council Regulation (EEC) No 1408/71 od 14 June 1971
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community (consolidated
version, OJ C 325, 10.12.1992, p. 1) Ð the Court (Fifth                           JUDGMENT OF THE COURT
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, P. Jann (Rapporteur), J. C. Moitinho de                                          (Fifth Chamber)
Almeida, C. Gulmann and M. Wathelet, Judges; S. Alber,
Advocate-General; L. Hewlett, Administrator, for the                                    of 29 October 1998
Registrar, has given a judgment on 29 October 1998, in             in Case C-375/96 (reference for a preliminary ruling from
which it:                                                          the Pretura Circondariale di Treviso, Sezione Distaccata di
                                                                   Conegliano): Galileo Zaninotto v. Ispettorato Centrale
                                                                   Repressione Frodi Ð Ufficio di Conegliano Ð Ministero
                                                                          delle Risorse Agricole, Alimentari e Forestali (1)
1. Declares that, by precluding by regulation or
    administrative practice on the grounds of their                (Agriculture Ð Common organisation of the agricultural
    nationality employed of self-employed workers from             markets Ð Market in wine Ð Compulsory distillation
    other Member States and the members of their families                                      scheme)
    from being attributed large-family status for the
    purpose of the award of special benefits for such                                       (98/C 397/16)
    families and from being awarded family allowances,
    the Hellenic Republic has failed to fulfil its obligations
    under:
                                                                                   (Language of the case: Italian)
    Ð Articles 48 and 52 of the EC Treaty;
                                                                     (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
    Ð Article 7 of Council Regulation (EEC) No 1612/
        68 of 15 October 1968 on freedom of movement
        for workers within the Community;
                                                                   In Case C-375/96: reference to the Court under Article 177
                                                                   of the EC Treaty from the Pretura Circondariale di
                                                                   Treviso, Sezione Distaccata di Conegliano (District
    Ð Article 7 of Commission Regulation (EEC)                     Magistrates' Court, Treviso, Conegliano Division), Italy,
        No 1251/70 of 29 June 1970 on the right of                 for a preliminary ruling in the proceedings pending before
        workers to remain in the territory of a Member             that court between Galileo Zaninotto and Ispettorato
        State after having been employed in that State;            Centrale Repressione Frodi Ð Ufficio di Conegliano Ð
                                                                   Ministero delle Risorse Agricole, Alimentari e Forestali
                                                                   (Conegliano Office of the Central Inspectorate for the
    Ð Article 7 of Council Directive 75/34/EEC of                  Prevention of Fraud in the Ministry of Agriculture, Food
        17 December 1974 concerning the right of                   and Forest Resources) Ð on the validity of the fourth
        nationals of a Member State to remain in the               indent of Article 1(3) of Commission Regulation (EC)
        territory of another Member State after having             No 343/94 of 15 February 1994 opening compulsory
        pursued therein an activity in a self-employed             distillation as provided for in Article 39 of Council
        capacity; and                                              Regulation (EEC) No 822/87 and derogating for the 1993/
                                                                   1994 wine year from certain detailed rules for the
                                                                   application thereof (OJ L 44, 17.2.1994, p. 9), of Article
                                                                   1(1)(c), (2) and (3) of Commission Regulation (EC)
    Ð Article 3 of Council Regulation (EEC) No 1408/               No 465/94 of 1 March 1994 fixing for the 1993/1994
        71 of 14 June 1971 on the application of social            wine year the percentages of table wine production to be
        security schemes to employed persons, to self-             delivered for compulsory distillation as provided for in