You are on page 1of 1

C 378/6 EN Official Journal of the European Communities 5.12.

98

JUDGMENT OF THE COURT ORDER OF THE COURT

(Sixth Chamber) (Fourth Chamber)


of 8 October 1998
of 22 October 1998
in Case C-228/97 P: Hedwig Kuchlenz-Winter v.
in Case C-26/98: Commission of the European Commission of the European Communities (1)
Communities v. Ireland (1)
(Officials Ð Cover under the joint sickness insurance
(Failure of a Member State to fulfil its obligations Ð scheme Ð Divorced spouse of a former official Ð Appeal
Directive 94/26/EC Ð Failure to transpose within the manifestly inadmissible and unfounded)
prescribed period) (98/C 378/12)
(98/C 378/11)
(Language of the case: German)

(Language of the case: English) (Provisional translation; the definitive translation will be
published in the European Court Reports)

In Case C-26/98: Commission of the European In Case C-228/97 P: Hedwig Kuchlenz-Winter, divorced
Communities (Agents: Hans Christian Stùvlbñk and spouse of a former official of the European Parliament,
Michael Schotter) v. Ireland (Agent: Michael A. Buckley) residing in Kehlen (Luxembourg), represented by Dieter
Ð Application for a declaration that, by failing to adopt, Rogalla, Rechtsanwalt, Sprockhövel, with an address for
or by failing to notify, within the prescribed period the service in Luxembourg at the Chambers of Decker, Braun
laws, regulations and administrative provisions necessary & Wagner, 16 Avenue Marie-TheÂreÁse Ð Appeal against
to comply with Commission Directive 94/26/EC of 15 June the judgment of the Court of First Instance of the
1994 adapting to technical progress Council Directive 79/ European Communities (First Chamber) in Case T-66/95
196/EEC on the approximation of the laws of the Member [1997] ECR II-637, seeking the annulment of that
States concerning electrical equipment for use in judgment, the other party to the proceedings being:
potentially explosive atmospheres employing certain types Commission of the European Communities (Agent: Julian
of protection (OJ L 157, 24.6.1994, p. 33), Ireland has Currall, and Bertrand Wägenbaur), the Court (Fourth
failed to fulfil its obligations under that directive Ð the Chamber) composed of: P. J. G. Kapteyn, President of the
Court (Sixth Chamber), composed of: P. J. G. Kapteyn, Chamber, H. Ragnemalm (Rapporteur) and K. M.
President of the Chamber, G. Hirsch, G. F. Mancini, H. Ioannou, Judges; P. LeÂger, Advocate-General; R. Grass,
Ragnemalm (Rapporteur) and R. Schintgen, Judges; S. Registrar has made an order on 8 October 1998, the
Alber, Advocate-General; R. Grass, Registrar, has given a operative part of which is as follows:
judgment on 22 October 1998, in which it:
1. The appeal is dismissed.

1. Declares that, by failing to adopt within the prescribed 2. The applicant is ordererd to pay the costs of the
period the laws, regulations and administrative proceedings.
provisions necessary to comply with Commission
Directive 94/26/EC of 15 June 1994 adapting to
(1) OJ C 252, 16.8.1997.
technical progress Council Directive 79/196/EEC on
the approximation of the laws of the Member States
concerning electrical equipment for use in potentially
explosive atmospheres employing certain types of
protection, Ireland has failed to fulfil its obligations
under that directive;

Reference for a preliminary ruling from the Tribunal de


Grande Instance de Lille by judgment of that court of
7 August 1998 in the case of Philippe Anssens v. Directeur
2. Orders Ireland to pay the costs. des Services Fiscaux du Nord
(Case C-325/98)
(1) OJ C 72, 7.3.1998. (98/C 378/13)

Reference has been made to the Court of Justice of the


European Communities by a judgment of the First Civil