CELEX: C1995/229/27
Language: en
Date: 1995-09-02 00:00:00
Title: Action brought on 5 July 1995 by the Commission of the European Communities against the French Republic (Case C-234/95)

2. 9. 95              I EN |                 Official Journal of the European Communities                                  No C 229/13
      be reutilized may be the subject of a legal transaction or        Reference for a preliminary ruling from the Tribunal
      quoted on public or private commercial lists ?                    Correctionnel, Liege, by judgment of that court of 7 June
                                                                        1995 in criminal proceedings against Bent Erik Carlsen, the
(!) OJ No L 78 , 26 . 3 . 1991 , p . 32 .                               civil party to the proceedings being Georges Vanhalle, in his
( 2 ) OJ No L 377, 31 . 12 . 1991 , p . 20 .                            capacity as President of the Association Pharmaceutique
( 3 ) OJ No L 30, 6 . 2 . 1993 , p . 1 .                                                                Beige
                                                                                                  Case C-231 /95 )
                                                                                                  ( 95/C 229/26 )
References for a preliminary ruling by the Diikitiko                    Reference has been made to the Court of Justice of the
Protodikio ( Administrative Court of First Instance ), Athens,          European Communities by judgment of the Tribunal
by a decision of that court of 30 March 1995 in the cases of            Correctionnel ( Criminal Court), Liege, of 7 June 1995 ,
A. Kapasakalis, D. Skiathitis and A. Kouyangas v. Greek                 which was received at the Court Registry on 5 July 1995 , for
                                  State
                                                                        a preliminary ruling in the criminal proceedings against Bent
          ( Cases C-225/95 , C-226/95 and C-227/95 )                    Erik Carlsen, the civil party to the proceedings being
                            ( 95/C 229/24 )                             Georges Vanhalle, in his capacity as President of the
                                                                        Association Pharmaceutique Beige, on the following
Reference has been made to the Court of Justice of the                  question :
European Communities by decisions of the Administrative
Court of First Instance, Athens, of 30 March 1995 , which               Do the pharmacists' statutory monopoly to supply sterile
were received at the Court Registry on 28 June 1995 , for               articles, and the correspondig prohibition forbidding
a preliminary ruling in the cases of A. Kapasakalis,                    distributors of such articles to sell them directly to doctors,
D. Skiathitis and A. Kouyangas v. Greek State on the                    dentists, veterinary surgeons and midwives or to scientific
following questions :                                                   establishments or hospitals — a prohibition not applying to
                                                                        such sales to private individuals — which are the result of
1 . Does the result to be achieved by Council Directive                 the application of Articles 1 and 44 of the Royal Decree of
      89/48/EEC ( ] ) entail the recognition of rights in favour        6 June 1960 in conjunction with Royal Decree No 78 of
      of the individuals to whom it relates ?                           10 November 1967, constitute a measure having equivalent
                                                                        effect to a quantitative restriction, contrary to Articles 30
2 . Is the content of those rights sufficiently precise to              and 36 of the Treaty of Rome of 25 March 1957 ?
      enable them to be deduced solely on the basis of the
      framework laid down in the provisions of that
      Directive ?
3 . Is there a causal link between the infringement of the
      obligation flowing from the provisions of Article 12 of           Action brought on 5 July 1995 by the Commission of the
      the Directive by the Greek State and the demage which                 European Communities against the French Republic
      the applicant claims to have suffered ?                                                   ( Case C-234/95 )
(') OJ No L 19 , 24 . 1 . 1989 , p . 16 .                                                          ( 95/C 229/27 )
                                                                        An action against the French Republic was brought before
                                                                        the Court of Justice of the European Communities on 5 July
                                                                        1995 by the Commission of the European Communities,
Reference for a preliminary ruling from the Arbeitsgericht              represented by Hendrik van Lier, Legal Adviser, acting as
Wiesbaden by order of 18 April 1995 in the case of Simone               Agent, with an address for service in Luxembourg at the
                   Moll v. Berhane Mesghena                             office of Carlos Gomez de la Cruz, Wagner Center,
                          ( Case C-229/95 )                             Kirchberg.
                             ( 95/C 229/25 )
                                                                        The Commission claims that the Court should :
Reference has been made to the Court of Justice of the
European Communities by an order of the Arbeitsgericht                   1 . declare that, by failing to adopt the laws, regulations and
 ( Labour Court) Wiesbaden of 18 April 1995 which was                        administrative measures needed to comply with Council
received at the Court Registry on 3 July 1995 , for a                        Directive 92/50/EEC ( J ) relating to the coordination of
preliminary ruling in the case of Simone Moll v. Berhane                     procedures for the award of public service contracts, the
Mesghena on the following question :                                         French Republic has failed to fulfil its obligations under
                                                                             that Directive, in particular Article 44 thereof;
 May a cleaning contract relating to specific premises
constitute a part of a business within the meaning of                   2 . in the alternative, declare that in any event, by failing
 Directive 77/187/EEC ( M ?                                                  forthwith to inform the Commission of such measures,
                                                                             the French Republic has failed to fulfil its obligations
 (') OJ No L 61 , 5 . 3 . 1977, p . 26 .                                     under those same provisions;
                                                                         3.  order the French Republic to pay the costs .
 ---pagebreak--- No C 229/ 14             EN                  Official Journal of the European Communities                                       2 . 9 . 95
Pleas in law and main arguments adduced in support:                     Action brought on 6 July 1995 by the Commission of the
                                                                              European Communities against the Italian Republic
The obligatory nature of Article 189 ( 3 ) of the EC Treaty                                        Case C-237/95 )
means that Member States must transpose directives into                                              ( 95/C 229/29 )
national law within the period laid down by those directives .
The necessary measures had not been adopted by the French
Republic when the period fixed by Article 44 of Directive               An action against the Italian Republic was brought before
92/50/EEC expired on 1 July 1993 .                                      the Court of Justice of the European Communities on 6 July
                                                                        1995 by the Commission of the European Communities,
                                                                        represented by Laura Pignataro and Maria Condou
f 1 ) OJ No L 209 , 24 . 7 . 1992 , p . 1 .
                                                                        Durande, of its Legal Service, acting as Agents, with an
                                                                        address for service in Luxembourg at the office of Carlos
                                                                        Gomez de la Cruz, Wagner Centre, Kirchberg.
                                                                        The applicant claims that the Court should:
Reference for a preliminary ruling from the Cour d'Appel de             — declare that the Italian Republic has failed to fulfil its
Douai by judgment of 27 January 1995 , rectified by                            obligations under the EC Treaty by failing to adopt or to
judgment of 3 1 May 1 995 , in the case of AGS Assedic Pas de                  communicate the laws, regulations and administrative
Calais against Francois Dumon and Mr Froment, liquidator                       provisions necessary to comply with Council Directive
                 of Etablissements Pierre Gilson                               89/369/EEC ( J ) of 8 June 1989 on the prevention of air
                                                                               pollution from new municipal waste-incineration plants
                            Case C-235 /95 )                                   and Council Directive 89/429/EEC ( 2 ) of 21 June 1989
                             ( 95/C 229/28 )                                   on the reduction of air pollution from existing municipal
                                                                               waste-incineration plants,
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Cour d'Appel                  — order the Italian Republic to pay the costs .
 ( Court of Appeal ), Douai of 27 January 1995 , rectified by
judgment of 31 May 1995 , in the case of AGS Assedic Pasde              Pleas in law and main arguments adduced in support:
 Calais v. Francois Dumon and Mr Froment, liquidator of
Etablissements Pierre Gilson, which was received at the
 Court Registry on the following questions :                            Article 1 89 of the EC Treaty, which provides that a directive
                                                                        is binding, as to the result to be achieved, upon the Member
                                                                         State to which it is addressed, means that Member States are
 1 . Is Article 4 of Council Directive 80/987/EEC of                     under an obligation to comply with the time limits
       20 October 1980 on the approximation of the laws of              prescribed in directives for their transposition . On the
       the Member States relating to the protection of                   expiry of the relevant prescribed period on 1 December
       employees in the event of the insolvency of their                 1990, the Italian Republic had not adopted the provisions
       employer ( ] ) of general scope and obligatory and must it        necessary to comply with the directives referred to in the
       therefore have direct effect in national law ?                    form of order sought by the Commission .
 2 . In the absence of the Commission's having been                      0 ) OJ No L 163 , 14 . 6 . 1989 , p . 32 .
       informed in accordance with Article 1 1 of the Directive          ( 2 ) OJ No L 203 , 15 . 7. 1989 , p . 50 .
       of 20 October 1980, is Article D. 143-2 of the French
       Code du Travail ( which provides that the maximum
       amount of the guarantee provided for in Article
       L. 143-1 1-8 of the Code du Travail is set at thirteen times
       the monthly ceiling used to calculate contributions to
       the unemployment insurance scheme where the claims
       result from provisions of legislation or regulations or           Action brought on 6 July 1995 by the Commission of the
       from stipulations of a collective agreement and arose                   European Communities against the Italian Republic
       under a contract of employment which was concluded at
       a date more than six months before the decision
                                                                                                   ( Case C-238/95 )
       declaring a judicial composition, and that in other cases                                      ( 95/C 229/30 )
       the amount of the guarantee is limited to four times
       the aforementioned ceiling) compatible with that
       Directive ?
                                                                         An action against the Italian Republic was brought before
                                                                         the Court of Justice of the European Communities on 6 July
                                                                          1995 by the Commission of the European Communities,
  (') OJ No L 283 , 20 . 10 . 1980, p . 23 .                              represented by Laura Pignataro and Maria Condou
                                                                          Durande, of its Legal Service, acting as Agents, with an
                                                                          address for service in Luxembourg at the office of Carlos
                                                                          Gomez de la Cruz, Wagner Centre, Kirchberg.