CELEX: C2002/044/09
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court of 13 December 2001 in Case C-340/00 P: Commission of the European Communities v Michael Cwik (Appeal — Officials — Article 17, second paragraph, of the Staff Regulations — Freedom of expression — Limits — Statement of reasons)

16.2.2002                EN                     Official Journal of the European Communities                                             C 44/5
composed of: S. von Bahr, President of the Fourth Chamber,                 l’académie de Reims, intervener: Syndicat général de l’Éduca-
acting for the President of the Fifth Chamber, D.A.O. Edward,              tion nationale et de la Recherche publique CFDT de la Marne
A. La Pergola, L. Sevón (Rapporteur) and C.W.A. Timmermans,               (SGEN CFDT 51), on the interpretation of Article 119 of the
Judges, Advocate General: C. Stix-Hackl, Registrar: R. Grass,              EC Treaty (Articles 117 to 120 of the EC Treaty have been
has given a judgment on 13 December 2001, in which it has                  replaced by Articles 136 EC to 143 EC), and Council Directive
ruled:                                                                     79/7/EEC of 19 December 1978 on the progressive implemen-
                                                                           tation of the principle of equal treatment for men and women
                                                                           in matters of social security (OJ 1979 L 6, p. 24), the Court
Article 5 of Council Regulation (EEC) No 3508/92 of 27 November            (Second Chamber), composed of: N. Colneric, President of the
1992 establishing an integrated administration and control system          Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges,
for certain Community aid schemes, read together with Council              Advocate General: S. Alber, Registrar: R. Grass, has given a
Directive 92/102/EEC of 27 November 1992 on the identification             judgment on 13 December 2001, in which it has ruled:
and registration of animals and Articles 6(5) and 13 of Commission
Regulation (EEC) No 3887/92 of 23 December 1992 laying down
detailed rules for applying the integrated administration and control      Pensions provided under a scheme such as the French retirement
system for certain Community aid schemes, as amended by Com-               scheme for civil servants fall within the scope of Article 119 of the
mission Regulation (EC) No 1648/95 of 6 July 1995, must be                 EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced
interpreted as meaning that entitlement to a compensatory allowance        by Articles 136 EC to 143 EC).
must be refused, except in cases of force majeure, solely because of the
absence of any entries in the register of animals kept by the farmer.
                                                                           The principle of equal pay for men and women enshrined in
                                                                           Article 119 of the Treaty is infringed by a provision of national law
(1) OJ C 163, 10.6.2000.                                                   such as Article L.24-I-3o(b) of the Civil and Military Retirement
                                                                           Pensions Code which, in providing that only female civil servants
                                                                           whose husbands suffer from a disability or incurable illness making
                                                                           it impossible for them to undertake any form of employment are
                                                                           entitled to a retirement pension with immediate effect, deprives male
                                                                           civil servants in the same situation of that right.
                  JUDGMENT OF THE COURT                                    (1) OJ C 211, 22.7.2000.
                         (Second Chamber)
                       of 13 December 2001
in Case C-206/00 (Reference for a preliminary ruling from
the Tribunal Administratif de Châlons-en-Champagne):                                          JUDGMENT OF THE COURT
    Henri Mouflin v Recteur de l’académie de Reims (1)
                                                                                                   of 13 December 2001
(Reference for a preliminary ruling — Social policy — Equal
treatment for men and women — Applicability of Article 119                 in Case C-340/00 P: Commission of the European Com-
of the EC Treaty (Articles 117 to 120 of the EC Treaty have                                    munities v Michael Cwik (1)
been replaced by Articles 136 EC to 143 EC) or Directive
79/7/EEC — French civil and military retirement pension
scheme — Entitlement to a retirement pension with immedi-                  (Appeal — Officials — Article 17, second paragraph, of the
                     ate effect for women only)                            Staff Regulations — Freedom of expression — Limits —
                                                                                                    Statement of reasons)
                           (2002/C 44/08)
                                                                                                       (2002/C 44/09)
                     (Language of the case: French)
                                                                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-206/00: Reference to the Court under Article 234
EC by the Tribunal Aministratif de Châlons-en-Champagne                    In Case C-340/00 P: Commission of the European Communi-
(France) for a preliminary ruling in the proceedings pending               ties (Agent: J. Currall, assisted by D. Waelbroeck), appeal
before that court between Henri Mouflin and Recteur de                     against the judgment of the Court of First Instance of the
 ---pagebreak--- C 44/6                 EN                     Official Journal of the European Communities                                          16.2.2002
European Communities (Fourth Chamber) of 14 July 2000 in                 1.    Declares that, by failing to adopt the laws, regulations and
Case T-82/99 Cwik v Commission [2000] ECR-SC I-A-155                           administrative provisions necessary to comply with Council
and II-713, seeking to have that judgment set aside, the other                 Directive 96/48/EC of 23 July 1996 on the interoperability of
party to the proceedings being: Michael Cwik, an official of                   the trans-European high-speed rail system, Ireland has failed to
the Commission of the European Communities, residing in                        fulfil its obligations under that directive.
Brussels (Belgium), represented by N. Lhoëst, avocat — the
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,        2.    Orders Ireland to pay the costs.
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola, J.-P. Puissochet, L. Sevón, M. Wathe-
let (Rapporteur), R. Schintgen and V. Skouris, Judges; Advocate          (1) OJ C 355, 9.12.2000.
General: D. Ruiz-Jarabo Colomer, L. Hewlett, Administrator,
for the Registrar, has given a judgment on 13 December 2001,
in which it:
1.    Dismisses the appeal;
                                                                                            JUDGMENT OF THE COURT
2.    Orders the Commission of the European Communities to pay
      the costs.
                                                                                                     (Third Chamber)
(1) OJ C 335, 25.11.2000.                                                                         of 13 December 2001
                                                                         in Case C-446/00 P: Pascual Juan Cubero Vermurie v
                                                                                 Commission of the European Communities (1)
                                                                                (Appeal — Officials — Promotions — Mobility)
                 JUDGMENT OF THE COURT                                                                (2002/C 44/11)
                        (First Chamber)                                                         (Language of the case: French)
                                                                         (Provisional translation; the definitive translation will be published
                     of 13 December 2001
                                                                                               in the European Court Reports)
in Case C-372/00: Commission of the European Communi-
                         ties v Ireland (1)
                                                                         In Case C-446/00: Pascual Juan Cubero Vermurie, an official
                                                                         of the Commission of the European Communities, residing in
(Failure by a Member State to fulfil its obligations —                   Brussels (Belgium), represented by E. Boigelot, avocat —
Directive 96/48/EC — Interoperability of the trans-Euro-                 APPEAL against the judgment of the Court of First Instance of
                  pean high-speed rail system)                           the European Communities (Fifth Chamber) of 3 October
                                                                         2000 in Case T-187/98 Cubero Vermurie v Commission
                                                                         [2000] ECR I-A-195 and II-885, seeking to have that judgment
                         (2002/C 44/10)                                  set aside and the same form of order as that sought by the
                                                                         appellant at first instance, the other party to the proceedings
                   (Language of the case: English)                       being: Commission of the European Communities (Agent:
                                                                         C. Berardis-Kayser, assisted by B. Wägenbaur) — the Court
                                                                         (Third Chamber), composed of: C. Gulmann, acting for the
                                                                         President of the Third Chamber, J.-P. Puissochet and J.N. Cunha
                                                                         Rodrigues (Rapporteur), Judges; C. Stix-Hackl, Advocate Gen-
In Case C-372/00: Commission of the European Communities
                                                                         eral; L. Hewlett, Administrator, for the Registrar, has given a
(Agent: M. Wolfcarius) v Ireland (Agent: D.J. O’Hagan) —
                                                                         judgment on 13 December 2001, in which it:
application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/48/EC of 23 July 1996 on the                   1.    Dismisses the appeal;
interoperability of the trans-European high-speed rail system
(OJ 1996 L 235, p. 6), Ireland has failed to fulfil its obligations      2.    Orders Mr Cubero Vermurie to pay the costs.
under that directive — the Court (First Chamber), composed
of: P. Jann, President of the Chamber, L. Sevón (Rapporteur)
and M. Wathelet, Judges; L.A. Geelhoed, Advocate General;                (1) OJ C 45, 10.2.2001.
R. Grass, Registrar, has given a judgment on 13 December
2001, in which it: