CELEX: C2000/233/41
Language: en
Date: 2000-08-12 00:00:00
Title: Case C-237/00: Action brought on 14 June 2000 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 233/22               EN                   Official Journal of the European Communities                                       12.8.2000
      —     Commission Directive 98/67/EC of 7 September               Pleas in law and main arguments
            1998 amending Directives 80/511/EEC, 82/475/
            EEC, 91/357/EEC and Council Directive 96/25/EC             The pleas in law and main arguments are similar to those
            and repealing Directive 92/87/EEC (2),                     advanced in Case C-236/00 (2); the period for transposition
                                                                       expired on 30 June 1998.
      the Grand Duchy of Luxembourg has failed to comply
      with its obligations under Article 10 of Directive
      98/51/EC and Article 7 of Directive 98/67/EC;                    (1) OJ L 46 of 17.2.1997, p. 25.
                                                                       (2) See page 21 of this Official Journal.
—     order the Grand Duchy of Luxembourg to pay the costs.
Pleas in law and main arguments
The mandatory nature of the provisions of the third paragraph          Appeal brought on 14 June 2000 by Peter Reichert against
of Article 249 and the first paragraph of Article 10 EC obliges        the judgment delivered on 13 April 2000 by the Court of
the Member States to adopt the measures necessary in order             First Instance of the European Communities (single judge)
to transpose directives into their national legal order within         in Case T-18/98 between Peter Reichert and the European
the time-limit prescribed for so doing. The time-limit in                                           Parliament
question expired on 31 December 1998 but the Grand Duchy
of Luxembourg has not adopted the necessary measures.                                          (Case C-238/00 P)
                                                                                                (2000/C 233/42)
(1) OJ L 208 of 24.7.1998, p. 43.
(2) OJ L 261 of 24.9.1998, p. 10.
                                                                       An appeal against the judgment delivered on 13 April 2000
                                                                       by the Court of First Instance of the European Communities
                                                                       (single judge) in Case T-18/98 between Peter Reichert and the
                                                                       European Parliament was brought before the Court of Justice
                                                                       of the European Communities on 14 June 2000 by Peter
                                                                       Reichert, represented by Dieter Rogalla, Rechtsanwalt, of
                                                                       Eicklöhken 19, D-45549 Sprockhövel (Germany), with an
                                                                       address for service in Luxembourg at the Chambers of Decker,
Action brought on 14 June 2000 by the Commission of                    Braun & Wagner, P.O. Box 335, L-2013 Luxembourg.
the European Communities against the Grand Duchy of
                          Luxembourg                                   The appellant claims that the Court should:
                                                                       —     annul the judgment delivered on 13 April 2000 by the
                        (Case C-237/00)                                      Court of First Instance in Case T-18/98;
                        (2000/C 233/41)                                —     itself determine the appellant’s application for the grant
                                                                             of the expatriation allowance, or alternatively refer the
                                                                             case back to the Court of First Instance for re-examination
An action against the Grand Duchy of Luxembourg was                          and a fresh decision;
brought before the Court of Justice on 14 June 2000 by the
Commission of the European Communities, represented by                 —     order the European Parliament, as respondent, to pay the
Bernard Mongin, of its Legal Service, acting as Agent, with an               costs of the entire proceedings.
address for service in Luxembourg at the office of Carlos
Gómez de la Cruz, of its Legal Service, Wagner Centre,
Kirchberg.                                                             Pleas in law and main arguments
                                                                       —     The appellant’s employment as a correspondent in the
The Commission of the European Communities claims that                       Brussels press office of the VWD, which was taken into
the Court should:                                                            consideration in the contested judgment as a ground for
                                                                             the refusal of the expatriation allowance, lasted only
—     declare that, by failing to adopt or notify within the                 20 months and thus does not in any way constitute a
      prescribed time-limit the laws, regulations and admi-                  substantial part of the 66-month period referred to in
      nistrative measures necessary in order to comply with                  Article 4(1)(a) of Annex VII to the Staff Regulations of
      Council Directive 96/98/EC of 20 December 1996 on                      officials.
      marine equipment (1), the Grand Duchy of Luxembourg
      has failed to comply with its obligations under Article 20       —     The Court of First Instance failed to give any consideration
      of that directive and under the provisions of the EC                   to the professional position occupied by the appellant
      Treaty;                                                                during the remaining period (namely, that of Brussels
                                                                             correspondent for the publication ‘Wirtschaftswoche’, the
—     order the Luxembourg Government to pay the costs.                      editorial headquarters of which is situated in Düsseldorf).