CELEX: C1996/064/06
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 December 1995 in Case C-138/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Directive 91/496/EEC - Veterinary checks - Failure to transpose)

2 . 3 . 96           I EN 1                 Official Journal of the European Communities                                     No C 64/3
Advocate-General; D. Louterman-Hubeau, Principal                       ( Rapporteur), President of the Chamber, J. C. Moitinho de
Administrator, for the Registrar, has given a judgment on              Almeida, C. Gulmann, L. Sevon and M. Wathelet, Judges;
14 December 1995 , in which it rules :                                 C. O. Lenz, Advocate-General; R. Grass, Registrar, has
                                                                       given a judgment on 14 December 1995 , in which it:
Article 4 (1 ) of Council Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of             1 . declares that, by failing to bring into force all the laws,
equal treatment for men and women in matters of social                       regulations and administrative provisions necessary to
security must be interpreted as meaning that national                        comply with Council Directive 90/675/EEC of
provisions under which employment regularly consisting of                    10 December 1990 laying down the principles
fewer than 15 hours a week and regularly attracting                          governing the organization of veterinary checks on
remuneration ofup to one-seventh of the monthly reference                    products entering the Community from third countries,
amount is excluded from compulsory insurance under the                       Ireland has failed to fulfil its obligations under the first
statutory sickness and old-age insurance schemes, and                        subparagraph of Article 32 (1 ) of that Directive;
national provisions under which employment which tends
by its nature to be regularly limited to fewer than 1 8 hours a
week or is so limited in advance by a contract ofemployment            2 . orders Ireland to pay the costs.
is excluded from the obligation to contribute to the
statutory unemployment insurance scheme, do not                        •(>) OJ No C 174, 25 . 6 . 1994 .
constitute discrimination on grounds ofsex, even where the
relevant provisions affect considerably more women than
men, since the national legislature was reasonably entitled to
consider that the legislation in question was necessary jn
order to achieve a social policy aim unrelated to any
discrimination on grounds of sex.
(!) OJ No C 1 , 4 . 1 . 1994 .                                                         JUDGMENT OF THE COURT
                                                                                               (Fifth Chamber)
                                                                                            of 14 December 1995
                                                                        in Case C-138/94 : Commission of the European
                                                                                          Communities v. Ireland C )
                                                                        (Failure to fulfil obligations — Directive 91/496/EEC —
                                                                                  Veterinary checks — Failure to transpose)
                                                                                                  ( 96/C 64/06 )
               JUDGMENT OF THE COURT
                         (Fifth Chamber)
                                                                                        (Language of the case: English)
                      of 14 December 1995
in Case C-l 32/94: Commission of the European
                   Communities v. Ireland (^                            In Case C-138/94 : Commission of the European
 (Failure to fulfil obligations — Directive 90/675/EEC —                Communities ( Agents : Jose Luis Iglesias Buhigues and James
           Veterinary checks — Failure to transpose)                    Macdonald Flett ) v. Ireland ( Agent: Michael A. Buckley ) —
                                                                        application for a declaration that, by failing to bring into
                           ( 96/C 64/05                                 force the laws, regulations and administrative provisions
                                                                        necessary to comply with Council Directive 91 /496/EEC of
                                                                         15 July 1991 laying down the principles governing the
                (Language of the case: English)                         organization of veterinary checks on animals entering the
                                                                        Community from third countries and amending Directives
                                                                         89/662/EEC, 90/425/EEC and 90/675/EEC ( OJ No L 268 ,
 In Case C-l 32/94 : Commission of the European                          1991 , p. 56 ) and/or in failing to inform the Commission
 Communities ( Agents : Jose Luis Iglesias Buhigues and James           forthwith thereof, Ireland has failed to fulfil its obligations
 Macdonald Flett ) v. Ireland (Agent: Michael A. Buckley ) —            under that Directive, in particular Article 30 thereof, and
 application for a declaration that, by failing to bring into           under the Treaty establishing the European Community —
 force the laws, regulations and administrative provisions              the Court ( Fifth Chamber ), composed of: D. A. O. Edward
 necessary to comply with Council Directive 90/675/EEC of                ( Rapporteur ), President of the Chamber, J. C. Moitinho de
 10 December 1990 laying down the principles governing the              Almeida , C. Gulmann, L. Sevon and M. Wathelet, Judges;
 organization of veterinary checks on products entering the              C. O. Lenz, Advocate-General; R. Grass, Registrar, has
 Community from third countries ( OJ No L 373 , 1990, p. 1 )             given a judgment on 14 December 1995 , in which it:
 and/or by failing to inform the Commission forthwith
 thereof, Ireland has failed to fulfil its obligations under that
 Directive, in particular Article 32 thereof, and under the              1 . declares that, by failing to bring into force all the laws,
 Treaty establishing the European Community — the Court                       regulations and administrative provisions necessary to
 ( Fifth Chamber ), composed of: D. A. O. Edward                              comply with Council Directive 91 /496/EEC of 15 July
 ---pagebreak---  No C 64/4              EN                 Official Journal of the European Communities                                       2 . 3 . 96
      1991 laying down the principles governing the                         the internal market, Ireland has failed to fulfil its
      organization of veterinary checks on animals entering                 obligations under Article 26 of that Directive;
      the Community from third countries and amending
      Directives 89/662/EEC, 90/425/EEC and 90/675/EEC,
      Ireland has failed to fulfil its obligations under              2 . orders Ireland to pay the costs.
      Article 30 (1 ) of that Directive;
                                                                      (') OJ No C 202 , 23 . 7 . 1994 .
 2 . orders Ireland to pay the costs.
 (') OJ No C 174, 25 . 6 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                           of 14 December 1995
                                                                     in Joined Cases C-163/94, C-165/94 and C-250/94
                                                                      ( references for a preliminary ruling from the Juzgado
                                                                      Central de lo Penal de la Audiencia Nacional ): criminal
                                                                     proceedings against Lucas Emilio Sanz de Lera and
                                                                                                    Others (M
               JUDGMENT OF THE COURT                                  (Capital movements — Non-member countries — National
                         ( Fifth Chamber )                                     authorization for the transfer of banknotes)
                      of 14 December 1995                                                        ( 96/C 64/08 )
in Case C-161/94: Commission of the European
                  Communities v. Ireland (')
                                                                                      (Language of the case: Spanish)
 (Failure to fulfil obligations — Directive 90/425/EEC —
           Veterinary checks — Failure to transpose)
                            ( 96/C 64/07 )                           (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                (Language of the case: English)                      In Joined Cases C-163/94, C-165/94 and C-250/94 :
                                                                     references to the Court under Article 177 of the EC Treaty
                                                                     from the Juzgado Central de lo Penal de la Audiencia
In Case C-161/94 : Commission of the European                        Nacional ( High Court, Criminal Section ), Spain, for a
Communities ( Agents: Jose Luis Iglesias Buhigues and James          preliminary ruling in the criminal proceedings pending
Macdonald Flett) v. Ireland ( Agent: Michael A. Buckley) —           before that court against Lucas Emilio Sanz de Lera ,
application for a declaration that, by failing to bring into         Raimundo Diaz Jimenez and Figen Kapanoglu — on the
force the laws, regulations and administrative provisions            interpretation of Articles 73b, 73c ( 1 ) and 73d ( 1)(b ) of the
necessary to comply with Council Directive 90/425/EEC of             EC Treaty — the Court, composed of G. C. Rodriguez
26 June 1990 concerning veterinary and zootechnical                  Iglesias, President, C. N. Kakouris and G. Hirsch ( Presidents
checks applicable in intra-Community trade in certain live           of Chambers ), G. F. Mancini, F. A. Schockweiler, P. J. G.
animals and products with a view to the completion of the            Kapteyn ( Rapporteur), C. Gulmann, J. L. Murray, P. Jann,
internal market ( OJ No L 224, 1990, p. 29 ), Ireland has            H. Ragnemalm and L. Sevón, Judges; G. Tesauro,
failed to fulfil its obligations under that Directive, in            Advocate-General ; D. Louterman-Hubeau, Principal
particular Article 26 thereof, and under the Treaty                  Administrator, for the Registrar, gave a judgment on
establishing the European Community — the Court ( Fifth              14 December 1995 , the operative part of which is as
                                                                     follows :
Chamber ), composed of: D. A. O. Edward ( Rapporteur ),
President of the Chamber, J. C. Moitinho de Almeida , C.
Gulmann, L. Sevón and M. Wathelet, Judges; C. O. Lenz,
Advocate-General ; R. Grass, Registrar, has given a                  1 . Articles 73b (1 ) and 73d (1)(b) of the EC Treaty
judgment on 14 December 1995 , in which it:                                preclude rules which make the export of coins,
                                                                           banknotes or bearer cheques conditional on prior
                                                                           authorization but do not by contrast preclude a
                                                                           transaction of that nature being made conditional on a
1 . declares that, by failing to bring into force all the laws,            prior declaration. Such rules do not fall within the scope
     regulations and administrative provisions necessary to                of Article 73c (1 ) of the Treaty;
     comply with Council Directive 90/425/EEC of 26 June
     1990 concerning veterinary and zootechnical checks
     applicable in intra-Community trade in certain live             2 . Article 73b (1 ), in conjunction with Articles 73c and
     animals and products with a view to the completion of                 73d (1)(b) of the Treaty, may be relied on before