CELEX: C1997/252/08
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 June 1997 in Case C-138/96: Commission of the European Communities v. Federal Republic of Germany (Failure to fulfil obligations - Directive 92/116/EEC - Failure to transpose within the prescribed period)

16 . 8 . 97          I EN                  Official Journal of the European Communities                                  No C 252/5
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                         ( Sixth Chamber)                                                     of 17 June 1997
                                                                      in Case C-70/95 ( reference for a preliminary ruling from
                         of 12 June 1997                              the Tribunale Amministrativo Regionale per la
                                                                      Lombardia): Sodemare SA, Anni Azzurri Holding SpA,
in    Case C-138/96: Commission of the European
                                                                      Anni Azzurri Rezzato Srl, supported by Fédération des
       Communities v. Federal Republic of Germany (')
                                                                      Maisons de Repos Privées de Belgique (Femarbel) ASBL v.
(Failure to fulfil obligations — Directive 92/116/EEC —                                    Regione Lombardia (')
       Failure to transpose within the prescribed period)             (Freedom of establishment — Freedom to provide services
                                                                              — Old people 's homes — Non-profit-making)
                           ( 97/C 252/08 )
                                                                                               ( 97/C 252/09 )
                                                                                      (Language of the case: Italian)
                 (Language of the case: German)
                                                                        (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-70/95 : reference to the Court under Article 177
                                                                      of the EC Treaty from the Tribunale Amministrativo
                                                                      Regionale per la Lombardia (Administrative Court for the
                                                                      Lombardy Region ) ( Italy ) for a preliminary ruling in the
In Case C-138/96 : Commission of the European                         proceedings pending before that court between Sodemare
Communities ( Agent: Klaus-Dieter Borchardt) v. Federal               SA, Anni Azzurri Holding SpA, Anni Azzurri Rezzato Sri,
Republic of Germany ( Agents: Ernst Röder and Bernd                   supported by Federation des Maisons de Repos Privées de
Kloke ) — application for a declaration that, by failing to           Belgique (Femarbel ) ASBL and Regione Lombardia — on
adopt within the prescribed period the laws, regulations              the interpretation of Articles 3 (g), 5 , 52, 58 , 59, 85 , 86 ,
and administrative provisions necessary to comply with                90 and 190 of the EC Treaty — the Court, composed
Council Directive 92/116/EEC of 17 December 1992                      of: G. C. Rodriguez Iglesias, President, G. F. Mancini,
amending and updating Directive 71/118/EEC on health                  J. C. Moitinho de Almeida and L. Sevón (Presidents
problems affecting trade in fresh poultrymeat ( OJ No L 62,           of Chambers ), C. N. Kakouris, P. J. G. Kapteyn
15 . 3 . 1993 , p. 1 ), the Federal Republic of Germany has           ( Rapporteur), C. Gulmann, P. Jann, H. Ragnemalm, M.
failed to fulfil its obligations under that Directive and the         Wathelet and R. Schintgen, Judges : N. Fennelly, Advocate­
EC Treaty — the Court ( Sixth Chamber ), composed of:                 General; L. Hewlett, Administrator, for the Registrar, has
G. F. Mancini, President of the Chamber, J. L. Murray,                given a judgment on 17 June 1997, in which it has ruled :
C. N. Kakouris ( Rapporteur ), P. J. G. Kapteyn and H.
Ragnemalm, Judges; D. Ruiz-Jarabo Colomer, Advocate­                   1 . Community law, and Article 190 of the EC Treaty in
General; R. Grass, Registrar, has given a judgment on                      particular, does not lay down conditions concerning
12 June 1997, in which it:                                                 the statement of reasons for national rules of general
                                                                           scope which fall within the sphere of Community law.
1 . declares that, by failing to adopt within the prescribed          2 . Articles 52 and 58 of the EC Treaty do not preclude a
      period the laws, regulations and administrative                      Member State from allowing only non-profit-making
      provisions necessary to comply with Council Directive                private operators to participate in the running of its
      92/116/EEC of 17 December 1992 amending and                          social welfare system by concluding contracts which
      updating Directive 71 /118/EEC on health problems                    entitle them to be reimbursed by the public authorities
      affecting trade in fresh poultrymeat, the Federal                    for the costs of providing social welfare services of a
      Republic of Germany has failed to fulfil its obligations             health-care nature.
      under that Directive;
                                                                       3 . Article 59 of the EC Treaty does not cover the
                                                                           situation of a company which, having established itself
                                                                           in a Member State in order to run old people 's homes
2 . orders the Federal Republic of Germany to pay the                      there, provides services to residents who, for that
      costs.
                                                                           purpose, reside in those homes permanently or for an
                                                                           indefinite period.
 (') OJ No C 180, 22 . 6 . 1996 .
                                                                       4 . Articles 85 and 86, read in conjunction with
                                                                           Articles 3 (g), 5 and 90 of the EC Treaty, do not apply
                                                                           to national rules which allow only non-profit-making
                                                                           private operators to participate in the running of a