CELEX: C1998/378/12
Language: en
Date: 1998-12-05 00:00:00
Title: ORDER OF THE COURT (Fourth Chamber) of 8 October 1998 in Case C-228/97 P: Hedwig Kuchlenz-Winter v. Commission of the European Communities (Officials - Cover under the joint sickness insurance scheme - Divorced spouse of a former official - Appeal manifestly inadmissible and unfounded)

C 378/6               EN                  Official Journal of the European Communities                                      5.12.98
               JUDGMENT OF THE COURT                                                  ORDER OF THE COURT
                        (Sixth Chamber)                                                    (Fourth Chamber)
                                                                                           of 8 October 1998
                     of 22 October 1998
                                                                           in Case C-228/97 P: Hedwig Kuchlenz-Winter v.
       in Case C-26/98: Commission of the European                           Commission of the European Communities (1)
                  Communities v. Ireland (1)
                                                                     (Officials Ð Cover under the joint sickness insurance
(Failure of a Member State to fulfil its obligations Ð               scheme Ð Divorced spouse of a former official Ð Appeal
Directive 94/26/EC Ð Failure to transpose within the                            manifestly inadmissible and unfounded)
                       prescribed period)                                                     (98/C 378/12)
                         (98/C 378/11)
                                                                                   (Language of the case: German)
                (Language of the case: English)                        (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
In Case C-26/98: Commission of the European                          In Case C-228/97 P: Hedwig Kuchlenz-Winter, divorced
Communities (Agents: Hans Christian Stùvlbñk and                     spouse of a former official of the European Parliament,
Michael Schotter) v. Ireland (Agent: Michael A. Buckley)             residing in Kehlen (Luxembourg), represented by Dieter
Ð Application for a declaration that, by failing to adopt,           Rogalla, Rechtsanwalt, Sprockhövel, with an address for
or by failing to notify, within the prescribed period the            service in Luxembourg at the Chambers of Decker, Braun
laws, regulations and administrative provisions necessary            & Wagner, 16 Avenue Marie-TheÂreÁse Ð Appeal against
to comply with Commission Directive 94/26/EC of 15 June              the judgment of the Court of First Instance of the
1994 adapting to technical progress Council Directive 79/            European Communities (First Chamber) in Case T-66/95
196/EEC on the approximation of the laws of the Member               [1997] ECR II-637, seeking the annulment of that
States concerning electrical equipment for use in                    judgment, the other party to the proceedings being:
potentially explosive atmospheres employing certain types            Commission of the European Communities (Agent: Julian
of protection (OJ L 157, 24.6.1994, p. 33), Ireland has              Currall, and Bertrand Wägenbaur), the Court (Fourth
failed to fulfil its obligations under that directive Ð the          Chamber) composed of: P. J. G. Kapteyn, President of the
Court (Sixth Chamber), composed of: P. J. G. Kapteyn,                Chamber, H. Ragnemalm (Rapporteur) and K. M.
President of the Chamber, G. Hirsch, G. F. Mancini, H.               Ioannou, Judges; P. LeÂger, Advocate-General; R. Grass,
Ragnemalm (Rapporteur) and R. Schintgen, Judges; S.                  Registrar has made an order on 8 October 1998, the
Alber, Advocate-General; R. Grass, Registrar, has given a            operative part of which is as follows:
judgment on 22 October 1998, in which it:
                                                                     1. The appeal is dismissed.
1. Declares that, by failing to adopt within the prescribed          2. The applicant is ordererd to pay the costs of the
     period the laws, regulations and administrative                      proceedings.
     provisions necessary to comply with Commission
     Directive 94/26/EC of 15 June 1994 adapting to
                                                                     (1) OJ C 252, 16.8.1997.
     technical progress Council Directive 79/196/EEC on
     the approximation of the laws of the Member States
     concerning electrical equipment for use in potentially
     explosive atmospheres employing certain types of
     protection, Ireland has failed to fulfil its obligations
     under that directive;
                                                                     Reference for a preliminary ruling from the Tribunal de
                                                                     Grande Instance de Lille by judgment of that court of
                                                                     7 August 1998 in the case of Philippe Anssens v. Directeur
2. Orders Ireland to pay the costs.                                                  des Services Fiscaux du Nord
                                                                                            (Case C-325/98)
(1) OJ C 72, 7.3.1998.                                                                        (98/C 378/13)
                                                                     Reference has been made to the Court of Justice of the
                                                                     European Communities by a judgment of the First Civil