24.7.1999 Official Journal of the European Communities L 192/55 COUNCIL DECISION of 9 July 1999 on the referral of the case of Mr Bangemann to the Court of Justice (1999/494/EC, ECSC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 213 thereof, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 9 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126 thereof, Whereas: (1)  pursuant to the third subparagraph of Article 213(2) of the Treaty establishing the European Community, the third subparagraph of Article 9(2) of the Treaty estab- lishing the European Coal and Steel Community (ECSC) and the third subparagraph of Article 126(2) of the Treaty establishing the European Atomic Energy Community (EAEC), the Members of the Commission, when entering upon their duties, give a solemn under- taking that, both during and after the term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discre- tion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits; (2 by letter of 29 June 1999, Mr Martin Bangemann, Member of the Commission of the European Commu- nities, informed Mr Gerhard Schroder, President of the Conference of the Representatives of the Governments of the Member States of the European Union, of his intention of taking up an appointment with the Telefo- nica Company; (3)  Mr Martin Bangemann is the Member of the Commis- sion responsible, since 1992, for the information tech- nology and telecommunications sectors, and the duty of discretion deriving from his responsibilities should have induced Mr Bangemann to decline the appointment which he has accepted with the Telefonica Company; (4 under these circumstances the Council should refer the matter to the Court of Justice of the European Communities pursuant to the last sentence of the third subparagraph of Article 213(2) of the Treaty establishing the European Community and the corresponding provi- sions of the ECSC and EAEC Treaties, HAS DECIDED AS FOLLOWS: Article 1 The case of Mr Bangemann shall be referred to the Court of Justice of the European Communities pursuant to the last sentence of the third subparagraph of Article 213(2) of the Treaty establishing the European Community and the corres- ponding provisions of the ECSC and EAEC Treaties. Article 2 This Decision shall be communicated to Mr Bangemann, to the President of the Commission of the European Communities and to the Governments of the Member States of the European Union. Done at Brussels, 9 July 1999. For the Council S. NIINISTO The President