CELEX: C1999/020/08
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT of 24 November 1998 in Case C-274/96 (reference for a preliminary ruling from the Pretura Circondariale di Bolzano, Sezione Distaccata di Silandro): Criminal proceedings against Horst Otto Bickel and Ulrich Franz (Freedom of movement for persons - Equal treatment - Language rules applicable to criminal proceedings)

C 20/6                EN                  Official Journal of the European Communities                                    23.1.1999
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                    of 24 November 1998                                                      (Sixth Chamber)
in Case C-274/96 (reference for a preliminary ruling from                                 of 25 November 1998
the Pretura Circondariale di Bolzano, Sezione Distaccata
di Silandro): Criminal proceedings against Horst Otto                       in Case C-214/96: Commission of the European
                  Bickel and Ulrich Franz (1)                                     Communities v. Kingdom of Spain (1)
(Freedom of movement for persons Ð Equal treatment Ð                 (Failure to fulfil obligations Ð Failure to transpose
     Language rules applicable to criminal proceedings)                                  Directive 76/464/EEC)
                        (1999/C 20/08)                                                        (1999/C 20/09)
                (Language of the case: Italian)                                      (Language of the case: Spanish)
  (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-274/96: reference to the Court under Article 177
of the EC Treaty by the Pretura Circondariale di Bolzano,            In Case C-214/96: Commission of the European
Sezione Distaccata di Silandro (Italy), for a preliminary            Communities (Agents: Richard Wainwright and Fernando
ruling in the criminal proceedings before that court                 Castillo de la Torre) v. Kingdom of Spain (Agent: Paloma
against Horst Otto Bickel and Ulrich Franz Ð on the                  Plaza Garcia) Ð application for a declaration that, by
interpretation of Articles 6, 8(a) and 59 of the EC Treaty           failing to adopt and communicate the programmes for
Ð the Court, composed of: G. C. Rodríguez Iglesias,                  reducing pollution of waters by the substances set out in
President, P. J. G. Kapteyn, J.-P. Puissochet, G. Hirsch and         List II, as provided for in Article 7(1) of Council Directive
P. Jann, Presidents of Chambers, G. F. Mancini, J. C.                76/464/EEC of 4 May 1976 on pollution caused by
Moitinho de Almeida, C. Gulmann, J. L. Murray, H.                    certain dangerous substances discharged into the aquatic
Ragnemalm (Rapporteur), L. Sevón, M. Wathelet and R.                 environment of the Community (OJ L 129, 18.5.1976,
Schintgen, Judges; F. G. Jacobs, Advocate-General; H. von            p. 23), the Kingdom of Spain has failed to fulfil its
Holstein, Assistant Registrar, has given a judgment on               obligations under the EC Treaty and Article 7 of the
24 November 1998 in which it has ruled:                              directive Ð the Court (Sixth Chamber), composed of:
                                                                     P. J. G. Kapteyn, President of the Chamber, G. Hirsch
                                                                     (Rapporteur), J. L. Murray, H. Ragnemalm and K. M.
                                                                     Ioannou, Judges; A. Saggio, Advocate-General; R. Grass,
1. The right conferred by national rules to have criminal            Registrar, has given a judgment on 25 November 1998 in
     proceedings conducted in a language other than the              which it:
     principal language of the State concerned falls within
     the scope of the EC Treaty and must comply with
     Article 6 thereof.
                                                                     1. Declares that, by failing to establish programmes for
                                                                          reducing the pollution of surface waters and territorial
                                                                          sea waters by substances falling within List II of
2. Article 6 of the Treaty precludes national rules which,                Council Directive 76/464/EEC of 4 May 1976 on
     in respect of a particular language other than the                   pollution caused by certain dangerous substances
     principal language of the Member State concerned,                    discharged into the aquatic environment of the
     confer on citizens whose language is that particular                 Community, the Kingdom of Spain has failed to fulfil
     language and who are resident in a defined area the                  its obligations under Article 7 of that directive.
     right to require that criminal proceedings be
     conducted in that language, without conferring the
     same right on nationals of other Member States
     travelling or staying in that area, whose language is
     the same.                                                       2. Orders the Kingdom of Spain to pay the costs.
(1) OJ C 294, 5.10.1996.                                             (1) OJ C 247, 24.8.1996.