CELEX: C1996/354/21
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 3 October 1996 in Case C-380/95: Commission of the European Communities v. Hellenic Republic (Failure by a Member State to fulfil its obligations - Directive 91/414/EEC - Failure to transpose)

23 . 11 . 96          EN                    Official Journal of the European Communities                                 No C 354/ 11
1 . annuls Commission Decision 93/659/EC of                            Morocco, signed in Rabat on 27 April 1976 and concluded
     25 November 1993 on the clearance of the accounts                 on behalf of the Community by Council Regulation (EEC)
     presented by the Member States in respect of the                  No 2211 /78 of 26 September 1978, is to be interpreted as
     expenditure for 1990 of the European Agricultural                 precluding a Member State from refusing, on the ground
     Guidance and Guarantee Fund (EAGGF), Guarantee                    that the person concerned is of Moroccan nationality, to
     Section, in so far as it did not charge to the EAGGF the          grant benefits such as the transitional benefits established by
     sum of DM 838 636 in respect of expenses relating to              the AOW, which are provided for by its legislation in the
     the import into Germany of animals from Belgium and               case of nationals who satisfy certain residence conditions in
     France and the sum of DM 311 529 in respect of                    that State, to the spouse of a Moroccan worker who fulfils
     expenditure relating to the export of animals to Italy;           such residence conditions.
2 . dismisses the remainder of the application;                        (') OJ No C 159 , 24 . 6 . 1995 .
3 . orders the parties to bear their own costs.
(') OJ No C 90 , 26 . 3 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                 ( Sixth Chamber)
                                                                                              of 3 October 1996
                                                                       in Case      C-3 80/95 :        Commission of the European
               JUDGMENT OF THE COURT                                               Communities v. Hellenic Republic ( ! )
                         ( Sixth Chamber)                              (Failure by a Member State to fulfil its obligations —
                       of 3 October 1996                                      Directive 91/414/EEC — Failure to transpose)
in Case C-126/95 (reference for a preliminary ruling from                                           ( 96/C 354/21
the Centrale Raad van Beroep ): A. Hallouzi-Choho v.
         Bestuur van de Sociale Verzekeringsbank ( 1 )                                 (Language of the case: Greek)
(EEC-Morocco Cooperation Agreement — Article 41 (1) —
Principle ofnon-discrimination in matters ofsocial security            (Provisional translation; the definitive translation will be
— Direct effect — Spouse ofa Moroccan migrant worker —                          published in the European Court Reports)
Special procedures for applying the Netherlands legislation
                 on general old-age insurance)
                                                                       In Case C-3 80/95 : Commission of the European
                            ( 96/C 354/20 )                            Communities ( Agent: Maria Condou-Durande ) v. Hellenic
                                                                       Republic ( Agents: Aikaterini Samoni-Rantou and Nana
                (Language of the case: Dutch)                          Dafniou ) — application for a declaration that, by failing to
                                                                       adopt within the prescribed period the laws, regulations or
                                                                       administrative provisions necessary to comply with Council
(Provisional translation; the definitive translation will be           Directive 91 /414/EEC of 15 July 1991 concerning the
          published in the European Court Reports)                     placing of plant protection products on the market, the
                                                                       Hellenic Republic has failed to fulfil its obligations under the
In Case C-126/95 : reference to the Court under Article 177            EC Treaty and that Directive — the Court ( Sixth Chamber ),
of the EC Treaty from the Centrale Raad van Beroep                     composed of: C. N. Kakouris, President of the Chamber, G.
[Higher Social Security Court] for a preliminary ruling in the         Hirsch ( Rapporteur), G. F. Mancini , P. J. G. Kapteyn and
proceedings pending before that court between A.                       H. Ragnemalm, Judges; P. Leger, Advocate-General; R.
Hallouzi-Choho         and        Bestuur   van      de   Sociale      Grass, Registrar, has given a judgment on 3 October 1996 ,
Verzekeringsbank — on the interpretation of Article 41 ( 1 )           in which it :
of the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco,                          I. declares that, by failing to adopt within the prescribed
signed in Rabat on 27 April 1976 and concluded on behalf                    period the laws, regulations or administrative provisions
of the Community by Council Regulation ( EEC )                              necessary to comply with Council Directive
No 2211 /78 of 26 September 1978 ( OJ No L 264 , 1978 ,                     91 /414/EEC of 15 July 1991 concerning the placing of
p. 1 ) — the Court ( Sixth Chamber ), composed of: G. Hirsch,               plant protection products on the market, the Hellenic
President of the Second Chamber, acting for the President of                Republic has failed to fulfil its obligations under
the Sixth Chamber, G. F. Mancini ( Rapporteur ) and J. L.                   Article 23 of that Directive;
Murray, Judges; G. Tesauro, Advocate-General; D.
 Louterman-Hubeau, Principal Administrator, for the
 Registrar, gave a judgment on 3 October 1996 , the operative           2 . orders the Hellenic Republic to pay the costs.
part of which is as follows:
                                                                        (') OJ No C 31 , 3 . 2 . 1996 .
Article 41 (1 ) of the Cooperation Agreement between the
 European Economic Community and the Kingdom of