# C_2011282EN.01001002.xml

| 24.9.2011 | EN | Official Journal of the European Union | C 282/10 |
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24.9.2011

EN

Official Journal of the European Union

C 282/10

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Reference for a preliminary ruling from the Cour de cassation (Belgium) lodged on 11 July 2011 — Déborah Prete v Office National De L’emploi

(Case C-367/11)

2011/C 282/19

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Appellant: Déborah Prete

Appellant:

Respondent: Office National De L’emploi

Respondent:

Questions referred

Questions referred

| 1. | Do Articles 12, 17, 18 and, so far as necessary, 39 of the Treaty establishing the European Community, as consolidated at Amsterdam on 2 October 1997, preclude a provision of national law under which, in the manner of Article 36(1)(2)(j) of the Belgian Royal Decree of 25 November 1991 laying down unemployment regulations, entitlement to tideover allowance for a young European Union national, who does not have the status of a ‘worker’ within the meaning of Article 39 of the Treaty, has completed secondary studies in the European Union but not at an educational establishment run, subsidised or approved by one of the communities in Belgium and has obtained either a document issued by one of those communities establishing the equivalence of those studies to the study certificate issued by the competent authority of one of those communities for studies completed in those Belgian educational establishments, or else a document giving access to higher education, is conditional upon the young person in question having previously completed six years’ studies at an educational establishment run, approved or subsidised by one of the communities in Belgium, if that condition is exclusive and absolute? |
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1.

Do Articles 12, 17, 18 and, so far as necessary, 39 of the Treaty establishing the European Community, as consolidated at Amsterdam on 2 October 1997, preclude a provision of national law under which, in the manner of Article 36(1)(2)(j) of the Belgian Royal Decree of 25 November 1991 laying down unemployment regulations, entitlement to tideover allowance for a young European Union national, who does not have the status of a ‘worker’ within the meaning of Article 39 of the Treaty, has completed secondary studies in the European Union but not at an educational establishment run, subsidised or approved by one of the communities in Belgium and has obtained either a document issued by one of those communities establishing the equivalence of those studies to the study certificate issued by the competent authority of one of those communities for studies completed in those Belgian educational establishments, or else a document giving access to higher education, is conditional upon the young person in question having previously completed six years’ studies at an educational establishment run, approved or subsidised by one of the communities in Belgium, if that condition is exclusive and absolute?

| 2. | If so, do the circumstances of the young person described in the first question, who has not completed six years’ studies at a Belgian educational establishment, resides in Belgium with her Belgian spouse and is registered as a job-seeker with a Belgian employment service, constitute factors to be taken into consideration in order to appraise that young person’s link to the Belgian employment market, having regard to Articles 12, 17, 18 and, if appropriate, 39 of the Treaty? To what extent must the length of those periods of residence, marriage and registration as a job-seeker be taken into consideration? |
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2.

If so, do the circumstances of the young person described in the first question, who has not completed six years’ studies at a Belgian educational establishment, resides in Belgium with her Belgian spouse and is registered as a job-seeker with a Belgian employment service, constitute factors to be taken into consideration in order to appraise that young person’s link to the Belgian employment market, having regard to Articles 12, 17, 18 and, if appropriate, 39 of the Treaty? To what extent must the length of those periods of residence, marriage and registration as a job-seeker be taken into consideration?

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