CELEX: C2000/247/03
Language: en
Date: 2000-08-26 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 25 May 2000 in Case C-82/98 P, Max Kögler v Court of Justice of the European Communities and Council of the European Union (Appeal — Staff Case — Weighting applicable to retirement pension)

C 247/2                 EN                       Official Journal of the European Communities                                           26.8.2000
3.    Neither Council Directive 75/442/EEC of 15 July 1995 on               of the procedures for the sale of shareholdings held by the
      waste, as amended by Council Directive 91/156/EEC of                  State and public bodies in joint stock companies (GURI
      18 March 1991, nor Council Regulation (EEC) No 259/93                 No 177 of 30 July 1994), and the decrees concerning the
      of 1 February 1993 on the supervision and monitoring of               ‘special powers’ laid down in the case of the privatisation of
      shipments of waste within, into and out of the European               ENI SpA and Telecom Italia SpA, the Italian Republic has failed
      Community requires that Member States conclude contracts              to fulfil its obligations under Articles 52 and 59 of the EC
      with all the undertakings authorised, within the meaning of           Treaty (now, after amendment, Articles 43 EC and 49 EC) and
      Article 10 of that directive, to receive and recover environmen-      Article 73b of the EC Treaty (now Article 56 EC) — the Court
      tally non-hazardous building waste.                                   composed of G.C. Rodrı́guez Iglesias, President, D.A.O Ed-
                                                                            ward, L Sevón and R. Schintgen, Presidents of Chambers,
4.    Article 7(3) of Directive 75422, as amended by Directive              P.J.G. Kapteyn (Rapporteur), A. La Pergola, J.-P. Puissochet,
      91/156, is to be interpreted as meaning that it allows a              G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges;
      Member State to take measures in relation to the shipment of          J. Misco, Advocate General; D. Louterman-Hubeau, Principal
      waste, including measures which prohibit the shipment of non-         Administrator, for the Registrar has given a judgment on
      hazardous building waste destined for recovery, if the shipment       23 May 2000 in which it:
      is not in accordance with its waste management plan, on
      condition that that plan is compatible with the rules of the          1.    Declares that, by adopting Articles 1(5) and 2 of the consoli-
      Treaty and of that directive.                                               dated text of Decree Law No 332 of 31 May 1994, converted,
                                                                                  after amendment, into Law No 474 of 30 July 1994, providing
5.    Article 7(3) of Directive 75422, as amended by Directive                    for acceleration of the procedures for the sale of shareholdings
      91/156, is to be interpreted as meaning that it does not confer             held by the State and public bodies in joint stock companies,
      on individuals any right on which they might rely before the                and the decrees concerning the ‘special powers’ laid down in the
      national courts for the purpose of challenging a measure                    case of the privatisation of ENI SpA and Telecom Italia SpA,
      designed to prevent movements of waste which are not in                     the Italian Republic has failed to fulfil its obligations under
      accordance with a waste management plan, on the ground that                 Articles 52 and 59 of the EC Treaty (now, after amendment,
      that measure has not been notified to the Commission.                       Articles 43 EC and 49 EC) and Article 73b of the EC Treaty
                                                                                  (now Article 56 EC);
(1) OJ C 234 of 25.7.1998.                                                  2.    Orders the Italian Republic to pay the costs.
                                                                            (1) OJ C 121 of 1.5.1999.
                 JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                          of 23 May 2000
                                                                                                     (Fourth Chamber)
in Case C-58/99 Commission of the European Communi-                                                   of 25 May 2000
                     ties v Italian Republic (1)
                                                                            in Case C-82/98 P, Max Kögler v Court of Justice of the
(Privatisation of public undertakings — Grant of special                    European Communities and Council of the European
                               powers)                                                                     Union (1)
                          (2000/C 247/02)                                   (Appeal — Staff Case — Weighting applicable to retirement
                                                                                                           pension)
                    (Language of the case: Italian)                                                   (2000/C 247/03)
                                                                                                (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                            (Provisional translation; the definitive version will be published in the
In Case C-58/99, Commission of the European Communities                                            European Court Reports)
(Agents: A. Aresu and M. Patakia) v Italian Republic (Agents:
Professor U. Leanza and I.M. Braguglia) — Application for a                 In Case T-95/98: Max Kögler, a former official of the Court of
declaration that, by adopting Articles 1(5) and 2 of the                    Justice of the European Communities, resident at Konz,
consolidated text of Decree Law No 332 of 31 May 1994                       Germany, represented by T. Baltes, of the Trier Bar, with an
(GURI No 126 of 1 June 1994), converted, after amendment,                   address for service in Luxembourg at the Chambers of
into Law No 474 of 30 July 1994, providing for acceleration                 R. Weber, 3 Rue de la Loge v Court of Justice of the European
 ---pagebreak--- 26.8.2000               EN                      Official Journal of the European Communities                                            C 247/3
Communities (Agent: T. Millett) and Council of the European                D.A.O. Edward, President of the Chamber, J.C. Moitinho de
Union (Agents: M. Bauer and D. Canga Fano) — Appeal against                Almeida (Rapporteur), C. Gulmann, J.-P. Puissochet and
the order of the Court of First Instance of the European                   M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
Communities (Third Chamber) of 20 January 1998, Kögler v                   eral; D. Louterman-Hubeau, Principal Administrator, for the
Court of Justice (T-160/96, [1998] ECR I-A-15 and II-35),                  Registrar, has given a judgment on 25 May 2000, in which it:
seeking to have that order annulled — the Court of First
Instance of the European communities (Fourth Chamber),                     1.    Declares that:
composed of D.A.O. Edward, President of the Chamber and
A. La Pergola and H. Rangemalm (Rapporteur), Judges; H. von                      —     by excluding, without proper justification, from the scope
Holstein, Deputy Registrar and subsequently R. Grass, Regis-                           of Council Directive 76/160/EEC of 8 December 1975
trar, has given a judgment on 25 May 2000, in which it:                                concerning the quality of bathing water numerous inland
                                                                                       bathing areas, and
1.    Dismisses the appeal;
                                                                                 —     by not adopting, within 10 years following notification of
2.    Orders M. Kögler to pay the costs;                                               the directive, the measures needed to ensure that the
                                                                                       quality of bathing water conforms to the limit values fixed
3.    Orders the Council of the European Union to bear its own the                     in accordance with Article 3 of that directive and by not
      costs.                                                                           attaining the results prescribed by it,
                                                                                 the Kingdom of Belgium has failed to fulfil its obligations
(1) OJ C 209 of 4.7.1998.                                                        under Article 4(1) of the directive;
                                                                           2.    For the rest, dismisses the application;
                                                                           3.    Orders the Kingdom of Belgium to pay the costs.
                                                                           (1) OJ C 299 of 26.9.1998.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                          of 25 May 2000
in Case C-307/98: Commission of the European Communi-                                        JUDGMENT OF THE COURT
                 ties v Kingdom of Belgium (1)
                                                                                                    (Second Chamber)
(Failure of a Member State to fulfil obligations — Directive
           76/160/EEC — Quality of bathing water)                                                     of 25 May 2000
                          (2000/C 247/04)                                  in Case C-359/98 P: Ca’ Pasta Srl v Commission of the
                                                                                               European Communities (1)
                    (Language of the case: French)
                                                                           (Appeal — Regulation (EEC) No 4028/86 — Community
                                                                           financial aid — Procedure for discontinuing the aid —
                                                                           Suspension of payment of the aid originally granted —
(Provisional translation; the definitive translation will be published                             Actionable measure)
                   in the European Court Reports)
                                                                                                      (2000/C 247/05)
In Case C-307/98: Commission of the European Communities
(Agents: F. de Sousa Fialho and O. Couvert-Castéra) v Kingdom
of Belgium (Agents: initially J. Devadder, then Y. Houyet) —
                                                                                                (Language of the case: Italian)
application for a declaration that, by failing to adopt the
necessary measures to ensure that the quality of bathing water
conforms to the limit values set in accordance with Article 3
of Council Directive 76/160/EEC of 8 December 1975 con-                    (Provisional translation; the definitive translation will be published
cerning the quality of bathing water (OJ 1976 L 31, p. 1)                                      in the European Court Reports)
within 10 years following the notification of that directive, the
Kingdom of Belgium has failed to fulfil its obligations under              In Case C-359/98 P: Ca’ Pasta Srl, established in Padua, Italy,
Article 4 of Directive 76/160/EEC and the third paragraph of               represented by P. Piva, of the Venice Bar, and G. Arendt, of the
Article 189 of the EC Treaty (now the third paragraph of                   Luxembourg Bar, with an address for service in Luxembourg
Article 249 EC) — the Court (Fifth Chamber), composed of:                  at the Chambers of G. Arendt, 7 Val Sainte-Croix — appeal