CELEX: C1996/354/19
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 3 October 1996 in Case C-41/94: Federal Republic of Germany v. Commission of the European Communities (Clearance of accounts - EAGGF - Special premium for beef and veal producers - Expenditure disallowed)

No C 354/ 10           EN                  Official Journal of the European Communities                                     23 . 11 . 96
administrative provisions necessary to comply with Council            von Holstein, Deputy Registrar, for the Registrar, has given
Directive 92/35/EEC of 29 April 1992 laying down control              a judgment on 26 September 1996 , in which it rules :
rules and measures to combat African horse sickness ( OJ No
L 157, 1992, p. 19 ) and Council Directive 92/40/EEC of               1 . Article 3 of Council Directive 76/464/EEC of 4 May
 19 May 1992 introducing Community measures for the                        1976 on pollution caused by certain dangerous
control of avian influenza ( OJ No L 167, 1992, p. 1 ), the                substances discharged into the aquatic environment of
Italian Republic has failed to fulfil its obligations under the            the Community is to be interpreted as making any
EC Treaty — the Court ( Sixth Chamber ), composed of:                      discharge of cadmium, irrespective of the date on which
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn                 the plant from which it comes commenced operation,
and H. Ragnemalm ( Rapporteur), Judges; N. Fennelly,                       subject to the issue of a prior authorization.
Advocate-General ; R. Grass, Registrar, gave a judgment on
26 September 1996 , in which it:                                      2 . In the absence of full transposition by a Member State
                                                                           within the time allowed of Directive 76/464/EEC, and
 1 . declares that, by failing to adopt within the period                  therefore of Article 3 thereof, and of Council Directive
     prescribed the laws, regulations and administrative                   83/513/EEC of 26 September 1983 on limit values and
     provisions necessary to comply with Council Directive                 quality objectives for cadmium discharges, a public
     92/35/EEC of 29 April 1992 laying down control rules                  authority of that State may not rely on that Article 3
     and measures to combat African horse sickness and                     against an individual.
     Council Directive 92/40/EEC of 19 May 1992
     introducing Community measures for the control of                3 . There is no method of procedure in Community law
     avian influenza, the Italian Republic has failed to fulfil            allowing the national court to eliminate national
     its obligations under Articles 20 and 22, respectively, of            provisions contrary to a provision of a Directive which
     those Directives;                                                     has not been transposed where that provision may not
                                                                           be relied upon before the national court.
2 . orders the Italian Republic to pay the costs.
                                                                      (>) OJ No C 208 , 12 . 8 . 1995 .
(') OJ No C 159 , 24 . 6 . 1995 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             ( Sixth Chamber )
               JUDGMENT OF THE COURT
                                                                                            of 3 October 1996
                       (Fourth Chamber )
                     of 26 September 1996                             in Case C-41 /94 : Federal Republic of Germany v.
                                                                              Commission of the European Communities ( ! )
in Case C-l 68/95 ( reference for a preliminary ruling from
the Pretura Circondariale di Vicenza ): Criminal proceedings          (Clearance of accounts — EAGGF — Special premium for
                   against Luciano Arcaro (')                             beef and veal producers — Expenditure disallowed)
                                                                                                ( 96/C 354/ 19 )
(Cadmium discharges — Interpretation of Council
Directives 76/464/EEC and 83/513/EEC — Direct effect
— Possibility for a Directive to be relied on against an                             (Language of the case : German)
                             individual)
                                                                      (Provisional translation; the definitive translation will be
                          ( 96/C 354/18 )                                      published in the European Court Reports)
                 (Language of the case: Italian)                      In Case C-41 /94 : Federal Republic of Germany (Agents :
                                                                      Ernst Roder and Bernd Kloke ) v. Commission of the
(Provisional translation; the definitive translation will be          European Communities ( Agent: Ulrich Wolker, assisted by
          published in the European Court Reports)                    Georg M. Berrisch and Hans-Jiirgen Rabe ) — application
                                                                      for the annulment of Commission Decision 93/659/EC of
In Case C- 168/95 : reference to the Court under Article 177          25 November 1993 on the clearance of the accounts
of the EC Treaty from the Pretura Circondariale [District             presented by the Member States in respect of the
Magistrate's Court], Vicenza, ( Italy ) for a preliminary ruling      expenditure for 1990 of the European Agricultural
in the criminal proceedings pending before that court                 Guidance and Guarantee Fund ( EAGGF ), Guarantee
against Luciano Arcaro — on the interpretation of Council             Section ( OJ No L 301 , 1993 , p. 13 ), to the extent to which it
Directive 76/464/EEC of 4 May 1976 on pollution caused                did not charge to the EAGGF the sum of DM 7 518 141
by certain dangerous substances discharged into the aquatic           disbursed by the Federal Republic of Germany in relation to
environment of the Community ( OJ No L 129, 1976 , p. 23 )            the Community scheme providing for a special premium for
and Council Directive 83/513/EEC of 26 September 1983                 beef and veal producers — the Court ( Sixth Chamber ),
on limit values and quality objectives for cadmium                    composed of C. N. Kakouris ( Rapporteur ), President of the
discharges ( OJ No L 291 , 1983 , p. 1 ) — the Court ( Fourth         Chamber, P. J. G. Kapteyn and J. L. Murray, Judges,
Chamber ), composed of: C. N. Kakouris ( Rapporteur ),                Advocate-General : A. La Pergola, Registrar: H. A. Riihl ,
President of the Chamber, P. J. G. Kapteyn and H.                     Principal Administrator, gave a judgment on 3 October
Ragnemalm, Judges ; M. B. Elmer, Advocate-General ; H.                1996 , in which it:
 ---pagebreak--- 23 . 11 . 96          EN                    Official Journal of the European Communities                                 No C 354/ 11
1 . annuls Commission Decision 93/659/EC of                            Morocco, signed in Rabat on 27 April 1976 and concluded
     25 November 1993 on the clearance of the accounts                 on behalf of the Community by Council Regulation (EEC)
     presented by the Member States in respect of the                  No 2211 /78 of 26 September 1978, is to be interpreted as
     expenditure for 1990 of the European Agricultural                 precluding a Member State from refusing, on the ground
     Guidance and Guarantee Fund (EAGGF), Guarantee                    that the person concerned is of Moroccan nationality, to
     Section, in so far as it did not charge to the EAGGF the          grant benefits such as the transitional benefits established by
     sum of DM 838 636 in respect of expenses relating to              the AOW, which are provided for by its legislation in the
     the import into Germany of animals from Belgium and               case of nationals who satisfy certain residence conditions in
     France and the sum of DM 311 529 in respect of                    that State, to the spouse of a Moroccan worker who fulfils
     expenditure relating to the export of animals to Italy;           such residence conditions.
2 . dismisses the remainder of the application;                        (') OJ No C 159 , 24 . 6 . 1995 .
3 . orders the parties to bear their own costs.
(') OJ No C 90 , 26 . 3 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                 ( Sixth Chamber)
                                                                                              of 3 October 1996
                                                                       in Case      C-3 80/95 :        Commission of the European
               JUDGMENT OF THE COURT                                               Communities v. Hellenic Republic ( ! )
                         ( Sixth Chamber)                              (Failure by a Member State to fulfil its obligations —
                       of 3 October 1996                                      Directive 91/414/EEC — Failure to transpose)
in Case C-126/95 (reference for a preliminary ruling from                                           ( 96/C 354/21
the Centrale Raad van Beroep ): A. Hallouzi-Choho v.
         Bestuur van de Sociale Verzekeringsbank ( 1 )                                 (Language of the case: Greek)
(EEC-Morocco Cooperation Agreement — Article 41 (1) —
Principle ofnon-discrimination in matters ofsocial security            (Provisional translation; the definitive translation will be
— Direct effect — Spouse ofa Moroccan migrant worker —                          published in the European Court Reports)
Special procedures for applying the Netherlands legislation
                 on general old-age insurance)
                                                                       In Case C-3 80/95 : Commission of the European
                            ( 96/C 354/20 )                            Communities ( Agent: Maria Condou-Durande ) v. Hellenic
                                                                       Republic ( Agents: Aikaterini Samoni-Rantou and Nana
                (Language of the case: Dutch)                          Dafniou ) — application for a declaration that, by failing to
                                                                       adopt within the prescribed period the laws, regulations or
                                                                       administrative provisions necessary to comply with Council
(Provisional translation; the definitive translation will be           Directive 91 /414/EEC of 15 July 1991 concerning the
          published in the European Court Reports)                     placing of plant protection products on the market, the
                                                                       Hellenic Republic has failed to fulfil its obligations under the
In Case C-126/95 : reference to the Court under Article 177            EC Treaty and that Directive — the Court ( Sixth Chamber ),
of the EC Treaty from the Centrale Raad van Beroep                     composed of: C. N. Kakouris, President of the Chamber, G.
[Higher Social Security Court] for a preliminary ruling in the         Hirsch ( Rapporteur), G. F. Mancini , P. J. G. Kapteyn and
proceedings pending before that court between A.                       H. Ragnemalm, Judges; P. Leger, Advocate-General; R.
Hallouzi-Choho         and        Bestuur   van      de   Sociale      Grass, Registrar, has given a judgment on 3 October 1996 ,
Verzekeringsbank — on the interpretation of Article 41 ( 1 )           in which it :
of the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco,                          I. declares that, by failing to adopt within the prescribed
signed in Rabat on 27 April 1976 and concluded on behalf                    period the laws, regulations or administrative provisions
of the Community by Council Regulation ( EEC )                              necessary to comply with Council Directive
No 2211 /78 of 26 September 1978 ( OJ No L 264 , 1978 ,                     91 /414/EEC of 15 July 1991 concerning the placing of
p. 1 ) — the Court ( Sixth Chamber ), composed of: G. Hirsch,               plant protection products on the market, the Hellenic
President of the Second Chamber, acting for the President of                Republic has failed to fulfil its obligations under
the Sixth Chamber, G. F. Mancini ( Rapporteur ) and J. L.                   Article 23 of that Directive;
Murray, Judges; G. Tesauro, Advocate-General; D.
 Louterman-Hubeau, Principal Administrator, for the
 Registrar, gave a judgment on 3 October 1996 , the operative           2 . orders the Hellenic Republic to pay the costs.
part of which is as follows:
                                                                        (') OJ No C 31 , 3 . 2 . 1996 .
Article 41 (1 ) of the Cooperation Agreement between the
 European Economic Community and the Kingdom of