CELEX: C1997/357/14
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 9 October 1997 in Case C-21/96: Commission of the European Communities v. Kingdom of Spain (Failure by a Member State to fulfil its obligations - Council Directive 84/466/Euratom)

C 357/8                EN                  Official Journal of the European Communities                                    22 . 11 . 97
which accords with the provisions of Title II of that                 J. L. Murray and G. Hirsch, Judges; A. La Pergola,
Convention or with the provisions of a convention which               Advocate-General; L. Hewlett, Administrator, for the
was in force between the two States concerned when the                Registrar, has given a judgment on 9 October 1997, in
proceedings were instituted, and must do so provisionally             which it:
if the court first seised has not yet ruled on whether it has
jurisdiction. On the other hand, the court second seised
must not apply Article 21 of the Convention on
Jurisdiction and the Enforcement of Judgments in Civil                1 . declares that, by failing to adopt within the prescribed
and Commercial Matters if the court first seised has                       period the provisions necessary to implement
assumed jurisdiction on the basis of a rule which does not                 Articles 3, 4 and 5 of Council Directive 84/466/
accord with the provisions of Title II of that Convention                  Euratom of 3 September 1984 laying down basic
or with the provisions of a convention which was in force                  measures for the radiation protection of persons
between those two States when the proceedings were                         undergoing medical examination or treatment, the
instituted.                                                                Kingdom of Spain has failed to fulfil its obligations
                                                                           under the Euratom Treaty;
(') OJ C 189, 22 . 7. 1995 .
                                                                      2 . orders the Kingdom of Spain to pay the costs.
                                                                      (') OJ C 133 , 4 . 5 . 1996 .
               JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                       of 9 October 1997
in    Case   C-21/96: Commission of the European                                     JUDGMENT OF THE COURT
            Communities v. Kingdom of Spain (')
                                                                                                 (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
             Council Directive 84/466/Euratom)                                                 of 9 October 1997
                          ( 97/C 357/ 14                              in Joined Cases C-31/96, C-32/96 and C-33/96 (reference
                                                                      for a preliminary ruling from the Tribunal Superior de Jus­
                                                                      ticia de la Comunidad de Extremadura, Cáceres ): Antonio
                                                                      Naranjo Arjona v. Instituto Nacional de la Seguridad
                (Language of the case: Spanish)                       Social (INSS ), Francisco Vicente Mateos v. Instituto Nacio­
                                                                      nal de la Seguridad Social (INSS ), Tesorería General de la
                                                                      Seguridad Social (TGSS), and Instituto Nacional de la
                                                                           Seguridad Social (INSS ) v. Laura García Lázaro (')
  (Provisional translation; the definitive translation will be        (Social security — Invalidity — Old-age pensions —
          published in the European Court Reports)                    Article 47 (1 ) of Regulation (EEC) No 1408/71 —
                                                                                             Calculation of benefits)
                                                                                                    ( 97/C 357/15 )
In Case C-21/96 : Commission of the European
Communities (Agents: Thomas F. Cusack and Isabel
Martinez del Peral ) v. Kingdom of Spain (Agents: Alberto
Jose Navarro Gonzalez and Rosario Silva de Lapuerta ) —                               (Language of the case: Spanish)
application for a declaration that, by failing to adopt the
laws, regulations or administrative provisions necessary to
comply with Articles 3, 4 and 5 of Council Directive 84/
466/Euratom of 3 September 1984 laying down basic
measures for the radiation protection of persons                        (Provisional translation; the definitive translation will be
undergoing medical examination or treatment ( OJ L 265,                         published in the European Court Reports)
5 . 10 . 1984, p. 1 ) or by failing to inform the Commission
of the measures it has adopted for the transposition of the
Directive, the Kingdom of Spain has failed to fulfil its
obligations under the Euratom Treaty — the Court ( Sixth              In Joined Cases C-31 /96, C-32/96 and C-33/96 : reference
Chamber), composed of: H. Ragnemalm, President of the                 to the Court under Article 177 of the EC Treaty from the
Chamber, G. F. Mancini, P. J. G. Kapteyn ( Rapporteur),               Tribunal Superior de Justicia de la Comunidad de Extre­