CELEX: C2000/302/11
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of 4 July 2000 in Case C-424/97 (reference for a preliminary ruling from the Landgericht Düsseldorf): Salomone Haim v Kassenzahnärztliche Vereinigung Nordrhein (Member State liability in the event of a breach of Community law — Breaches attributable to a public-law body of a Member State — Conditions for the liability of the Member State and of a public-law body of that State — Compatibility of a language requirement with freedom of establishment)

C 302/6                  EN                    Official Journal of the European Communities                                        21.10.2000
of Great Britain and Northern Ireland (Agent: J.E. Collins)                                JUDGMENT OF THE COURT
v Hellenic Republic (Agents: A. Samoni-Rantou and E.-M.
Mamouna and G. Karipsiadis) — application for a declaration
that, by failing to take the necessary measures to comply with                                       of 4 July 2000
the judgment of the Court of 7 April 1992 in Case C-45/91
Commission v Greece [1992] ECR I-2509 and, in particular,
by still not having drawn up or implemented the plans                     in Case C-424/97 (reference for a preliminary ruling
necessary for the disposal of waste and toxic and dangerous               from the Landgericht Düsseldorf): Salomone Haim v
waste from the area concerned without endangering human                          Kassenzahnärztliche Vereinigung Nordrhein (1)
health and without harming the environment, the Hellenic
Republic has failed to fulfil its obligations under Article 171           (Member State liability in the event of a breach of Com-
of the EC Treaty (now Article 228 EC), and for an order                   munity law — Breaches attributable to a public-law body of
requiring the Hellenic Republic to pay to the Commission,                 a Member State — Conditions for the liability of the Member
into the account ‘EC own resources’, a daily penalty payment              State and of a public-law body of that State — Compatibility
of ECU 24 600 for each day of delay in implementing the                    of a language requirement with freedom of establishment)
measures necessary to comply with the judgment in Case
C-45/91, from notification of the present judgment — the
Court, composed of: G.C. Rodrı́guez Iglesias, President,                                            (2000/C 302/11)
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón, R. Schint-
gen (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm (Rappor-
teur), M. Wathelet and V. Skouris, Judges; D. Ruiz-Jarabo                                    (Language of the case: German)
Colomer, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 4 July 2000, in which it:
                                                                          (Provisional translation; the definitive translation will be published
1.    Declares that, by failing to take the measures necessary to                            in the European Court Reports)
      ensure that waste is disposed of in the area of Chania
      without endangering human health and without harming the
                                                                          In Case C-424/97: reference to the Court under Article 177 of
      environment in accordance with Article 4 of Council Directive
                                                                          the EC Treaty (now Article 234 EC) from the Landgericht
      75/442/EEC of 15 July 1975 on waste and by failing to draw
                                                                          (Regional Court) Düsseldorf, Germany, for a preliminary
      up for that area plans for the disposal of waste, pursuant to
                                                                          ruling in the proceedings pending before that court between
      Article 6 of Directive 75/442, and of toxic and dangerous
                                                                          Salomone Haim and Kassenzahnärztliche Vereinigung Nor-
      waste, pursuant to Article 12 of Council Directive 78/319/EEC
                                                                          drhein — on the liability of a Member State and, possibly, of a
      of 20 March 1978 on toxic and dangerous waste, the Hellenic
                                                                          public-law body of that State for loss and damage caused by
      Republic has not implemented all the necessary measures to
                                                                          an infringement of Community law, and on the legality of
      comply with the judgment of the Court of 7 April 1992 in
                                                                          making the appointment of a national of another Member
      Case C-45/91 Commission v Greece and has failed to fulfil its
                                                                          State as a dental practitioner under a social security scheme
      obligations under Article 171 of the EC Treaty;
                                                                          conditional upon his having a sufficient knowledge of the
                                                                          language of the host State — the Court, composed of:
2.    Orders the Hellenic Republic to pay to the Commission of the        G.C. Rodrı́guez Iglesias, President, D.A.O. Edward (Rappor-
      European Communities, into the account ‘EC own resources’, a        teur), L. Sevón, R. Schintgen (Presidents of Chambers),
      penalty payment of EUR 20 000 for each day of delay in              P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann,
      implementing the measures necessary to comply with the              H. Ragnemalm and M. Wathelet, Judges; J. Mischo, Advocate
      judgment in Case C-45/91, from delivery of the present              General; H. von Holstein, Deputy Registrar, for the Registrar,
      judgment until the judgment in Case C-45/91 has been                has given a judgment on 4 July 2000, in which it has ruled:
      complied with;
                                                                          1.    Community law does not preclude a public-law body, in
                                                                                addition to the Member State itself, from being liable to make
3.    Orders the Hellenic Republic to pay the costs;                            reparation for loss and damage caused to individuals as a result
                                                                                of measures which it took in breach of Community law.
4.    Orders the United Kingdom of Great Britain and Northern             2.    In order to determine whether there is a serious breach of
      Ireland to bear its own costs.                                            Community law, within the meaning of the case-law of the
                                                                                Court, account must be taken of the extent of the discretion
                                                                                enjoyed by the Member State concerned. The existence and the
                                                                                scope of that discretion must be determined by reference to
(1) OJ C 113 of 11.4.1998.                                                      Community law and not by reference to national law.
                                                                          3.    The competent authorities of a Member State may make the
                                                                                appointment, as a social security scheme dental practitioner, of
                                                                                a national of another Member State who is established in the
                                                                                first Member State and authorised to practise there but has
 ---pagebreak--- 21.10.2000                EN                    Official Journal of the European Communities                                              C 302/7
      none of the qualifications mentioned in Article 3 of Council         regulation — the Court composed of: G.C. Rodrı́guez Iglesias,
      Directive 78/686/EEC of 25 July 1978 concerning the mutual           President, J.C. Moitinho de Almeida, D.A.O. Edward (Rappor-
      recognition of diplomas, certificates and other evidence of the      teur), L. Sevón and R. Schintgen (Presidents of Chambers),
      formal qualifications of practitioners of dentistry, including       C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragne-
      measures to facilitate the effective exercise of the right of        malm and M. Wathelet, Judges; M. J. Mischo, Advocate
      establishment and freedom to provide services, conditional upon      General; H. von Holstein, Deputy Registrar, has given a
      his having the linguistic knowledge necessary for the exercise of    judgment on 4 July 2000, in which it:
      his profession in the Member State of establishment.
                                                                           1.    Declares that, by failing to denounce or adjust the agreement
                                                                                 on merchant shipping with the Republic of Angola so as to
(1) OJ C 41 of 7.2.1998.                                                         provide for fair, free and non-discriminatory access by all
                                                                                 Community nationals to the cargo shares due to the Portuguese
                                                                                 Republic, as provided for in Council Regulation (EEC)
                                                                                 No 4055/86 of 22 December 1986 applying the principle of
                                                                                 freedom to provide services to maritime transport between
                                                                                 Member States and between Member States and third countries,
                                                                                 the Portuguese Republic has failed to fulfil its obligations under
                                                                                 Articles 3 and 4(1) of that regulation;
                                                                           2.    Orders the Portuguese Republic to pay the costs.
                  JUDGMENT OF THE COURT
                             of 4 July 2000                                (1) OJ C 151 of 16.5.1998.
in Case C-62/98: Commission of the European Communi-
                   ties v Portuguese Republic (1)
(Failure by a Member State to fulfil its obligations —
Regulation (EEC) No 4055/86 — Freedom to provide services
— Maritime transport — Article 234 of the EC Treaty (now,
                after amendment, Article 307 EC)                                            JUDGMENT OF THE COURT
                            (2000/C 302/12)                                                            of 4 July 2000
                                                                           in Case C-84/98: Commission of the European Communi-
                   (Language of the case: Portuguese)                                        ties v Portuguese Republic (1)
                                                                           (Failure by a Member State to fulfil its obligations —
(Provisional translation; the definitive translation will be published
                                                                           Regulation (EEC) No 4055/86 — Freedom to provide services
                     in the European Court Reports)                        — Maritime transport — Article 234 of the EC Treaty (now,
                                                                                          after amendment, Article 307 EC))
In Case C-62/98: Commission of the European Communities
(Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese                                             (2000/C 302/13)
Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
cation for a declaration that, by failing to denounce or adjust
the agreements concerning merchant shipping concluded with
the Republic of Senegal, approved by Decree No 99/79 of                                      (Language of the case: Portuguese)
14 September 1979, with the Republic of Cape Verde,
approved by Decree No 119/79 of 7 November 1979, with
the Republic of Angola, approved by Decree No 71/79 of                     (Provisional translation; the definitive translation will be published
18 July 1979, and with the Democratic Republic of São Tomé                                    in the European Court Reports)
and Prı́ncipe, approved by Decree No 123/79 of 13 November
1979, so as to provide for fair, free and non-discriminatory
access by all Community nationals to the cargo shares due to               In Case C-84/98: Commission of the European Communities
the Portuguese Republic, as provided for in Council Regulation             (Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese
(EEC) No 4055/86 of 22 December 1986 applying the prin-                    Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
ciple of freedom to provide services to maritime transport                 cation for a declaration that, by failing to denounce or adjust
between Member States and between Member States and third                  the agreement concerning merchant shipping concluded with
countries (OJ 1986 L 378 p. 1), the Portuguese Republic has                the Federal Republic of Yugoslavia, approved by Decree
failed to fulfil its obligations under Articles 3 and 4(1) of that         No 74/81 of 28 June 1979, which entered into force on