CELEX: C2000/034/13
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court of 9 November 1999 in Case C-365/97: Commission of the European Communities v Italian Republic (Failure to fulfil obligations — Directives 75/442/EEC and 91/156/EEC — Management of waste)

5.2.2000                   EN                      Official Journal of the European Communities                                               C 34/7
     75/117/EEC of 10 February 1975 on the approximation of the               goods by road and tolls and charges for the use of certain
     laws of the Member States relating to the application of the             infrastructures (OJ 1993 L 279, p. 32) — the Court (Sixth
     principle of equal pay for men and women, and Article 4(1) of            Chamber), composed of: P.J.G. Kapteyn (Rapporteur), acting as
     Council Directive 79/7/EEC of 19 December 1987 on the                    President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
     progressive implementation of the principle of equal treatment           Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
     for men and women in matters of social security, regulations             Principal Administrator, for the Registrar, has given a judgment
     which impose conditions on married female workers which are              on 28 October 1999, the operative part of which is as follows:
     not imposed on their married male counterparts in respect of the
     grant to employees of family or marriage allowances, which are           In order to determine whether a motor vehicle or articulated vehicle
     taken into account in determining their income for the purposes          combination is intended exclusively for the carriage of goods by road,
     of calculating pension rights, the Hellenic Republic has failed to       within the meaning of the fourth indent of Article 2 of Council
     fulfil its obligations under the said provisions of Community law.       Directive 93/89/EEC of 25 October 1993 on the application by
                                                                              Member States of taxes on certain vehicles used for the carriage of
2. Orders the Hellenic Republic to pay the costs.                             goods by road and tolls and charges for the use of certain
                                                                              infrastructures, reference must be made to the general purpose for
                                                                              which that vehicle is intended, irrespective of the use to which it may
(1) OJ C 258 of 15.8.1998.
                                                                              be put in an individual case.
                                                                              (1) OJ C 234 of 25.7.1998.
                    JUDGMENT OF THE COURT
                            (Sixth Chamber)
                                                                                                JUDGMENT OF THE COURT
                          of 28 October 1999                                                          of 9 November 1999
in Case C-193/98 (reference for a preliminary ruling made                     in Case C-365/97: Commission of the European Communi-
by the Oberlandesgericht Köln): proceedings challenging                                             ties v Italian Republic (1)
 an administrative fine brought by Alois Pfennigmann (1)
                                                                              (Failure to fulfil obligations — Directives 75/442/EEC and
(Directive 93/89/EEC — Carriage of goods by road — Taxes                                   91/156/EEC — Management of waste)
on vehicles — Charges for the use of certain roads — Heavy
                              goods vehicles)
                                                                                                          (2000/C 34/13)
                             (2000/C 34/12)
                                                                                                   (Language of the case: Italian)
                      (Language of the case: German)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)                          In Case C-365/97: Commission of the European Communities
                                                                              (Agent: P. Stancanelli assisted by M. Merola) v Italian Republic
In Case C-193/98: reference to the Court under Article 177 of                 (Agents: Professor U. Leanza, assisted by P. G. Ferri) — Appli-
the EC Treaty (now Article 234 EC) by the Oberlandesgericht                   cation for a declaration that by not applying correctly and in
Köln (Higher Regional Court, Cologne) (Germany) for a                         full, in regard to the San Rocco riverbed, Council Directive
preliminary ruling in the proceedings challenging an adminis-                 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
trative fine brought by Alois Pfennigmann and pending before                  the Italian Republic has failed to fulfil its obligations under the
that court — on the interpretation of Article 2(1) of the                     EC Treaty and under Articles 4, 5, 7 (first indent) and 10 of
Agreement of 9 February 1994 between the Governments of                       Directive 75/442 or the corresponding provisions, as amended
the Federal Republic of Germany, the Kingdom of Belgium,                      by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991
the Kingdom of Denmark, the Grand Duchy of Luxembourg                         L 78, p. 32) — the Court, composed of G.C. Rodriguez Iglesias,
and the Kingdom of the Netherlands on the levying of                          President, J.C. Moitinho de Almeida, D.A.O. Edward and
charges for the use of certain roads by heavy goods vehicles                  R. Schintgen, (Presidents of Chambers), P.J.G. Kapteyn,
(Bundesgesetzblatt [Federal Gazette] 1994, Part II, p. 1768) and              J.-P. Puissochet, G. Hirsch, P. Jann and H. Ragnemalm (Rappor-
of the fourth indent of Article 2 of Council Directive                        teur), Judges, Advocate General: J. Mischo, L. Hewlett, Adminis-
93/89/EEC of 25 October 1993 on the application by Member                     trator, for the Registrar, has given a judgment on 9 November
States of taxes on certain vehicles used for the carriage of                  1999, in which it:
 ---pagebreak--- C 34/8                  EN                      Official Journal of the European Communities                                             5.2.2000
1. Declares that, by not taking the measures necessary to ensure           1. A member of the family of a migrant worker of Moroccan
    that the waste discharged into the watercourse bisecting the San           nationality, where that worker has acquired the nationality of his
    Rocco valley is disposed of without risk to human health or harm           host Member State before the date on which the said member of
    to the environment and by not taking the measures necessary to             his family began to live with him there and applied for a social
    ensure that waste stored in a fly-tip be handed over to a private          security benefit under the legislation of that State, cannot rely on
    or public waste collector or a waste disposal undertaking, Italy           Article 41(1) of the Cooperation Agreement between the Euro-
    has failed to fulfil its obligations under the first paragraph of          pean Economic Community and the Kingdom of Morocco signed
    Article 4 and the first indent of Article 8 of Council Directive           in Rabat on 27 April 1976 and approved on behalf of the
    75/442/EEC of 15 July 1975 on waste, as amended by Council                 Community by Council Regulation (EEC) No 2211/78 of
    Directive 91/156/EEC of 18 March 1991.                                     26 September 1978, as a ground for invoking that worker’s
                                                                               Moroccan nationality for the purposes of obtaining the benefit of
2. Dismisses the remainder of the application.                                 the principle of equal treatment in the field of social security laid
                                                                               down in that provision.
3. Orders the Italian Republic to pay the costs.
                                                                               Such a member of the family of a Moroccan migrant worker,
                                                                               where that worker also has the nationality of the host Member
(1) OJ C 387 of 20.12.1997.
                                                                               State, could invoke his Moroccan nationality for the purposes of
                                                                               the application of Article 41(1) of the Agreement, solely on the
                                                                               basis of the law of the Member State concerned, which it is for
                                                                               the national court alone, however, to interpret and apply in the
                                                                               proceedings before it.
                                                                           2. The term ‘members of the family’, within the meaning of
                 JUDGMENT OF THE COURT                                         Article 41(1) of the Agreement, of a Moroccan migrant worker
                                                                               extends to relatives in the ascending line of that worker and of
                                                                               his spouse who live with him in the host Member State.
                          (Sixth Chamber)
                      of 11 November 1999                                  (1) OJ C 209 of 4.7.1998.
in Case C-179/98 (reference for a preliminary ruling from
the Cour du Travail de Bruxelles): Belgian State v Fatna
                              Mesbah (1)
(EEC-Morocco Cooperation Agreement — Article 41(1) —
Principle of non-discrimination in the field of social security
                    — Scope ratione personae)                                                   ORDER OF THE COURT
                           (2000/C 34/14)                                                             (First Chamber)
                    (Language of the case: French)                                                 of 14 October 1999
                                                                           in Case C-437/98 P: Industria del Frio Auxiliar Conservera
(Provisional translation; the definitive translation will be published     SA (Infrisa) v Commission of the European Communi-
                   in the European Court Reports)                                                           ties (1)
In Case C-179/98: reference to the Court under Article 177 of              (Appeal — Action declared manifestly unfounded — Sani-
the EC Treaty (now Article 234 EC) from the Cour du                         tary policy — Protective Measures — Decision 95/119/EC)
Travail de Bruxelles (Labour Court, Brussels), Belgium, for a
preliminary ruling in the proceedings pending before that
court between Belgian State and Fatna Mesbah — on the                                                  (2000/C 34/15)
interpretation of Article 41(1) of the Cooperation Agreement
between the European Economic Community and the
Kingdom of Morocco signed in Rabat on 27 April 1976 and                                       (Language of the case: Spanish)
approved on behalf of the Community by Council Regulation
(EEC) No 2211/78 of 26 September 1978 (OJ 1976 L 264,
p. 1) — the Court (Sixth Chamber), composed of: R. Schintgen
                                                                           (Provisional translation; the definitive translation will be published
(Rapporteur), President of the Second Chamber acting for the
                                                                                               in the European Court Reports)
President of the Sixth Chamber, P.J.G. Kapteyn and H. Ragne-
malm, Judges; S. Alber, Advocate General; D. Louterman-
Hubeau, Principal Administrator, for the Registrar, has given a            In Case C-437/98 P: Industria del Frio Auxiliar Conservera
judgment on 11 November 1999, in which it has ruled:                       SA (Infrisa), established in Bermeo, Spain, represented by