C 352/4 EN 4.12.1999 Official Journal of the European Communities 1

C 352/4 EN Official Journal of the European Communities 4.12.1999

1. The Federal Republic of Germany has failed to fulfil its L 39, p. 40) — the Court (Sixth Chamber), composed of: obligations under the third indent of the first subparagraph, and G. Hirsch (Rapporteur), President of the Second Chamber, the second subparagraph, of Article 3(2) and under Article 5 of acting for the President of the Sixth Chamber, J.L. Murray and Directive 90/313, H. Ragnemalm, Judges; P. Léger, Advocate General; H. Rühl, Principal Administrator, for the Registrar, has given a judgment — By failing to provide for access to be given to information on 9 September 1999, in which it has ruled: during administrative proceedings where the public authorities have received information in the course of those Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty proceedings, have been replaced by Articles 136 EC to 143 EC) must be interpreted as meaning that exclusion by a collective agreement from — by failing to provide in the Umweltinformationsgesetz for entitlement to a special annual bonus provided for by that collective information to be supplied in part where it is possible to agreement of persons in employment which involves a normal separate out information concerning the interests referred to working week of less than 15 hours and normal pay not exceeding a in Article 3(2) of Council Directive 90/313/EEC of 7 June fraction of the monthly baseline and is, on that basis, exempt from 1990 on the freedom of access to information on the compulsory social insurance constitutes indirect discrimination based environment, and on sex, where that exclusion applies independently of the sex of the worker but actually affects a considerably higher percentage of women — by failing to provide that a charge is to be made only where than men. information is in fact supplied.

2. The remainder of the application is dismissed. (1) OJ C 295 of 27.9.1997.

3. The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 252 of 16.8.1997.

JUDGMENT OF THE COURT

(Second Chamber)

of 9 September 1999 JUDGMENT OF THE COURT in Case C-374/97 (reference for a preliminary ruling from (Sixth Chamber) the Bayerischer Verwaltungsgerichtshof): Anton Feyrer v Landkreis Rottal-Inn(1) of 9 September 1999 (Directive 85/73/EEC — Fees in respect of health inspections in Case C-281/97 (reference for a preliminary ruling from and controls of fresh meat — Direct effect) the Arbeitsgericht, Munich): Andrea Krüger v Kreiskran- kenhaus Ebersberg(1) (1999/C 352/08)

(Equal treatment for men and women — End-of-year bonus — Conditions for granting) (Language of the case: German)

(1999/C 352/07) (Provisional translation; the definitive translation will be published in the European Court Reports)

(Language of the case: German) In Case C-374/97: reference to the Court under Article 177 of the EC Treaty (now Article 234 EC) from the Bayerischer Verwaltungsgerichtshof, Germany, for a preliminary ruling in (Provisional translation; the definitive translation will be published the proceedings pending before that court between Anton in the European Court Reports) Feyrer and Landkreis Rottal-Inn (Intervener: Landesanwalt- schaft Bayern als Vertreter des öffentlichen Interesses) — In Case C-281/97: reference to the Court under Article 177 of on the interpretation of Article 2(3) of Council Directive the EC Treaty (now Article 234 EC) from the Arbeitsgericht 85/73/EEC of 29 January 1985 on the financing of health (Labour Court), Munich, Germany, for a preliminary ruling in inspections and controls of fresh meat and poultrymeat (OJ the proceedings pending before that court between Andrea 1985 L 32, p. 14), as amended by Council Directive 93/118/EC Krüger and Kreiskrankenhaus Ebersberg — on the interpret- of 22 December 1993 (OJ 1993 L 340, p. 15), and of points 1 ation of Article 119 of the EC Treaty (Articles 117 to 120 of and 4(b) of Chapter I of the Annex thereto — the Court the EC Treaty have been replaced by Articles 136 EC to 143 (Second Chamber), composed of: G. Hirsch, President of the EC) and Council Directive 76/207/EEC of 9 February 1976 on Chamber, G.F. Mancini and R. Schintgen (Rapporteur), Judges; the implementation of the principle of equal treatment for P. Léger, Advocate General; D. Louterman-Hubeau, Principal men and women as regards access to employment, vocational Administrator, for the Registrar, has given a judgment on training and promotion, and working conditions (OJ 1976 9 September 1999, in which it has ruled: 4.12.1999 EN Official Journal of the European Communities C 352/5

1. Where a Member State has not transposed Council Directive 17 December 1997 in Case T-152/95 Petrides v Commission 85/73/EEC of 29 January 1985 on the financing of health [1997] ECR II-2427, seeking to have that judgment set aside, inspections and controls of fresh meat and poultrymeat, as the other party to the proceedings being Commission of the amended by Council Directive 93/118/EC of 22 December European Communities (Agent: Gérard Berscheid) — the Court 1993, into national law within the period prescribed, individuals (Third Chamber), composed of: J.-P. Puissochet, President of cannot oppose the collection of fees higher than the levers of the the Chamber, J.C. Moitinho de Almeida (Rapporteur) and standard amounts fixed in point 1 of Chapter I of the Annex to C. Gulmann, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen- the Directive, where those fees do not exceed the actual costs. eral; R. Grass, Registrar, has given a judgment on 9 September 1999, in which it: 2. A Member State may exercise the option available under point 4(b) of Chapter I of the Annex to Directive 85/73, as 1. Dismisses the appeal; amended by Directive 93/118, of collecting a special fee 2. Orders Odette Nicos Petrides Co. Inc. to pay the costs. exceeding the level of the standard fees fixed in point 1 of Chapter I, provided only that the special fee does not exceed the actual costs incurred, no further conditions being imposed. (1) OJ C 151 of 16.5.1998.

3. In cases where a Member State has delegated to local authorities the collection of fees relating to health inspections and controls of fresh meat, Article 2(3) of Directive 85/73, as amended by Directive 93/118, authorises it to collect an amount higher than Community fee levels so long as it does not exceed the actual JUDGMENT OF THE COURT costs of inspection incurred by the competent local authority. (Fifth Chamber) (1) OJ C 387 of 20.12.1997. OJ C 7 of 10.1.1998. of 9 September 1999

in Case C-108/98 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania): RI.SAN Srl v Comune di Ischia, Italia Lavoro SpA, formerly GEPI SpA, Ischia Ambiente SpA(1)

(Freedom of establishment — Freedom to provide services — JUDGMENT OF THE COURT Organisation of urban waste collection service)

(Third Chamber) (1999/C 352/10)

of 9 September 1999 (Language of the case: Italian) in Case C-64/98 P: Odette Nicos Petrides Co. Inc. v (Provisional translation; the definitive translation will be published Commission of the European Communities(1) in the European Court Reports)

(Appeal — Action for compensation — Common organis- In Case C-108/98: reference to the Court under Article 177 of ation of the market in raw tobacco — Commission decisions the EC Treaty (now Article 234 EC) from the Tribunale rejecting bids in tendering procedures in respect of tobacco Amministrativo Regionale della Campania, Italy, for a prelimi- held by intervention agencies — Inadequate statement of nary ruling in the proceedings pending before that court reasons, principles of proportionality, equal treatment and between RI.SAN Srl and Comune di Ischia, Italia Lavoro the right to a fair hearing) SpA, formerly GEPI SpA, Ischia Ambiente SpA — on the interpretation of Articles 55 and 90(2) of the EC Treaty (now Articles 45 EC and 86(2) EC) — the Court (Fifth Chamber), (1999/C 352/09) composed of: J.-P. Puissochet, President of the Chamber, P. Jann (Rapporteur), C. Gulmann, D.A.O. Edward and L. Se- vo´ n, Judges; S. Alber, Advocate General; H. von Holstein, (Language of the case: French) Deputy Registrar, for the Registrar, has given a judgment on 9 September 1999, in which it has ruled:

(Provisional translation; the definitive translation will be published Article 55 of the EC Treaty (now Article 45 EC) does not apply in a in the European Court Reports) situation such as that in the main proceedings in which all the facts are confined to within a single Member State and which does not therefore have any connecting link with one of the situations envisaged In Case C-64/98 P: Odette Nicos Petrides Co. Inc., established by Community law in the area of the freedom of movement for in Kavala (Greece), represented by Nikolaos Vassilakakis, persons and freedom to provide services. Evangelos Vassilakakis, of the Thessaloniki Bar, and Evangelia Pallioudi, of the Kavala Bar, with an address for service in Luxembourg at the Chambers of Carlos Zeyen, 67 Rue (1) OJ C 209 of 4.7.1998. Ermesinde — appeal against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of