CELEX: C1995/315/03
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 October 1995 in Case C-242/94: Commission of the European Communities v. Kingdom of Spain (Failure to fulfil obligations - Directive 90/619/EEC - Failure to transpose)

No C 315 /2            EN                 Official Journal of the European Communities                                   25 . 11 . 95
interpretation of Council Regulation ( EEC ) No 1491 /85 of          Enrique Gonzalez Diaz ) v. Kingdom of Spain ( Agents :
23 May 1985 laying down special measures in respect of               Alberto Jose Navarro Gonzalez and Gloria Calvo Diaz ) —
soya beans ( OJ 1985 L 151 , p. 15 ), of Council Regulation          application for a declaration that, by failing to adopt or to
( EEC ) No 2194/85 of 25 July 1985 adopting general rules            communicate to the Commission the laws, regulations and
concerning special measures for soya beans ( OJ 1985 L 204 ,         administrative provisions necessary to comply with the
p. 1 ), and of Commission Regulation ( EEC ) No 2537/89 of           second Council Directive 90/619/EEC of 8 November 1990
8 August 1989 laying down detailed rules for the                     on the coordination of laws, regulations and administrative
application of the special measures for soya beans ( OJ 1989         provisions relating to direct life insurance, laying down
L 245 , p. 8 ), as amended by Commission Regulation ( EEC )          provisions to facilitate the effective exercise of freedom to
No 150/90 of 19 January 1990 ( OJ 1 990 L 18 , p. 10 ) — the         provide services and amending Directive 79/267/EEC ( OJ
Court ( Fifth Chamber ), composed of: D. A. O. Edward,                1 990 L 330 , p. 50 ), the Kingdom of Spain has failed to fulfil
President of the Chamber, J. C. Moitinho de Almeida , C.             its obligations under the EC Treaty — the Court ( Sixth
Gulmann ( Rapporteur ), P. Jann and L. Sevon, Judges; C. O.          Chamber ), composed of: G. Hirsch , President of the Second
Lenz, Advocate-General ; L. Hewlett, Administrator, for the          Chamber acting as President of the Sixth Chamber, G. F.
Registrar, gave a judgment on 12 October 1995 , the                  Mancini ( Rapporteur ), F. A. Schockweiler, J. L. Murray,
operative part of which is as follows :                              and H. Ragnemalm, Judges; C. O. Lenz, Advocate-General ;
                                                                     R. Grass , Registrar, gave a judgment on 12 October 1 995 , in
                                                                     which it :
1 . Examination of the first four questions referred for a
     preliminary ruling has revealed nothing capable of
     affecting the validity of Article 29a of Commission             1 . Declares that, by failing to bring into force within the
     Regulation No 2537/89 of 8 August 1989 laying down                   prescribed period the laws, regulations and
     detailed rules for the application of the special measures           administrative provisions necessary to comply with the
     for soya beans, as amended by Commission Regulation                  second Council Directive 90/619/EEC of 8 November
     (EEC) No 150/90.                                                     1990 on the coordination of laws, regulations and
                                                                          administrative provisions relating to direct life
2 . Article 6 (3) of Regulation (EEC) No 2537/89, as                      insurance, laying down provisions to facilitate the
     amended, must be understood as meaning that soya                     effective exercise of freedom to provide services and
     producers must notify the competent agency of any                    amending Directive 79/267/EEC, the Kingdom of Spain
     change in the areas indicated in the cultivation contract,           has failed to fulfil its obligations under the EC
     in particular any reduction in those areas, even if it is            Treaty;
     attributable to natural occurrences, such as heavy
     rainfall, where such a change occurs before the lodging
                                                                     2 . Orders the Kingdom of Spain to pay the costs.
     of the contract, as well as all changes which occur after
     lodging of the cultivation contract and which ,
     individually or collectively, involve more than 10% of          (•) O J No C 288 , 15 . 10 . 1994 .
     the areas indicated in the cultivation contract and more
     than one hectare .
(M Ol No C 146 , 28 . 5 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 17 October 1995
                                                                     in Case C-450/93 ( reference for a preliminary ruling from
                JUDGMENT OF THE COURT                                the Bundesarbeitsgericht ): Eckhard Kalanke v. Freie
                        ( Sixth Chamber)                                                   Hansestadt Bremen (')
                      of 12 October 1995                              (Equal treatment of men and women — Directive
                                                                      76/207/EEC — Article 2 (4) — Promotion — Equally
in    Case    C-242/94 :     Commission     of the    European
            Communities v. Kingdom of Spain (')                      qualified candidates of different sexes — Priority given to
                                                                                                    women)
 (Failure to fulfil obligations — Directive 90/619/EEC —                                        ( 95/C 315/04 )
                      Failure to transpose)
                          ( 95/C 315/03 )
                                                                                     (Language of the case: German)
                 (Language of the case: Spanish)
                                                                      (Provisional translation; the definitive translation will be
 (Provisional translation; the definitive translation will be                 published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-450/93 : reference to the Court under Article 177
 In   Case     C-242/94 :    Commission     of  the   European        of the EC Treaty from the Bundesarbeitsgericht ( Federal
 Communities ( Agents : Dimitrios Gouloussis and Francisco            Labour Court) for a preliminary ruling in the proceedings