Judgment of the Court (First Chamber) of 25 October 2001 in Case C-189/00 (reference for a preliminary ruling from the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für Arbeit (Regulation (EEC) No 1408/71 — Nationals of non-member countries — Members of a worker's family — Rights acquired directly and rights derived through others — Unemployment benefit)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: Germany, free movement of workers, interpretation of the law, social security, worker (EU)

C 348/8

EN

Official Journal of the European Communities

8.12.2001

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Commission Directive 97/59/EC of 7 October
1997 adapting to technical progress Council Directive
90/679/EEC on the protection of workers from risks related to
exposure to biological agents at work (seventh individual
Directive within the meaning of Article 16(1) of Directive
89/391/EEC), the Republic of Austria has failed to fulfil its
obligations under Article 2(1) of that Directive;

to comply with Commission Directive 97/65/EC of 26 Novem-
ber 1997 adapting, for the third time, to technical progress
Council Directive 90/679/EEC on the protection of workers
from risks related to exposure to biological agents at work, the
Republic of Austria has failed to fulfil its obligations under
Article 2(1) of that Directive;

2. Orders the Republic of Austria to pay the costs.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 11 October 2001

In Case C-111/00: Commission of the European Com-
munities v Republic of Austria (1)

(Failure by a Member State to fulfil its obligations —
Directive 97/65/EC)

(2001/C 348/13)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-111/00: Commission of the European Communities
(Agents: N. Yerrell and C. Ladenburger) v Republic of Austria
(Agent: C. Pesendorfer) — application for a declaration that,
by failing to adopt and/or notify to the Commission the laws,
regulations and administrative provisions necessary to comply
with Commission Directive 97/65/EC of 26 November 1997
adapting, for the third time, to technical progress Council
Directive 90/679/EEC on the protection of workers from risks
related to exposure to biological agents at work, (OJ 1997
L 335, p. 17), the Republic of Austria has failed to fulfil its
obligations under Article 2(1) of that Directive — the Court
(Fourth Chamber), composed of: S. von Bahr, President of the
Chamber, A. La Pergola (Rapporteur) and C.W.A. Timmer-
mans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, has given a judgment on 11 October 2001, in which
it:

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary

JUDGMENT OF THE COURT

(First Chamber)

of 25 October 2001

in Case C-189/00 (reference for a preliminary ruling from
the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für
Arbeit (1)

(Regulation (EEC) No 1408/71 — Nationals of non-member
countries — Members of a worker’s family — Rights
acquired directly and rights derived through others —
Unemployment benefit)

(2001/C 348/14)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-189/00: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Sozialgericht
(Social Court) Trier (Germany) for a preliminary ruling in the
proceedings pending before that court between Urszula Ruhr
v Bundesanstalt
für Arbeit — on the interpretation of
Article 2(1) of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members
of their families moving within the Community, in the version
amended and updated by Council Regulation (EC) No 118/97
of 2 December 1996 (OJ 1997 L 28, p. 1), as amended by
Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ
1999 L 38, p. 1) — the Court (First Chamber), composed of:
P. Jann, President of the Chamber, L. Sevo´ n and M. Wathelet
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 25 October 2001, in which
it has ruled:

8.12.2001

EN

Official Journal of the European Communities

C 348/9

The interpretation given by the Court of Justice in Case 40/76
Kermaschek continues to hold good in relation to Article 2(1), in
conjunction with Articles 67 to 71a, of Regulation (EEC)
No 1408/71 of the Council of 14 June 1971 on the application of
social security schemes to employed persons, to self-employed persons
and to members of their families moving within the Community, in
the version amended and updated by Council Regulation (EC)
No 118/97 of 2 December 1996, as amended by Council Regulation
(EC) No 307/1999 of 8 February 1999.

Article 68(2) of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community, as amended and updated by Council
Regulation (EC) No 118/97 of 2 December 1996,
read in
conjunction with Article 1(f)(i) thereof, precludes national rules, such
as those at issue in the main proceedings, under which receipt of a
higher rate of unemployment benefit is conditional on the unemployed
person living together with the members of his family in the territory
of the competent Member State.

(1) OJ C 233 of 12.8.2000.

(1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT

(Third Chamber)

of 16 October 2001

in Case C-212/00 (reference for a preliminary ruling from
the Tribunal du travail de Mons): Salvatore Stallone v
Office national de l’emploi (ONEM) (1)

(Social security for migrant workers — Regulation (EEC)
No 1408/71 — Unemployment benefit — Condition of
living together with the dependent members of the family)

(2001/C 348/15)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-212/00: reference to the Court under Article 234
EC from the Tribunal du travail de Mons (Labour Court, Mons)
(Belgium) for a preliminary ruling in the proceedings pending
before that court between Salvatore Stallone and Office
national de l’emploi
(ONEM) — on the interpretation of
Articles 1(f)(i) and 68(2) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons,
to self-employed
persons and to members of their families moving within the
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1)
— the Court (Third Chamber), composed of: C. Gulmann
(Rapporteur), acting for the President of the Third Chamber,
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; A. Tizzano,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 16 October 2001,
in which it has ruled:

JUDGMENT OF THE COURT

(Fifth Chamber)

of 25 October 2001

in Case C-460/00: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 96/48/EC — Interoperability of the trans-Euro-
pean high-speed rail system)

(2001/C 348/16)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-460/00: Commission of the European Communities
(Agents: M. Wolfcarius and M. Patakia) v Hellenic Republic
(Agents: N. Dafniou and S. Chala) — application for a
declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply fully with
Council Directive 96/48/EC of 23 July 1996 on the interop-
erability of the trans-European high-speed rail system (OJ
1996 L 235, p. 6), or, alternatively, by not communicating
them to the Commission, within the prescribed period, the
Hellenic Republic has failed to fulfil its obligations under the
EC Treaty — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, D.A.O. Edward, L. Sevo´ n
(Rapporteur) S. von Bahr and C.W.A. Timmermans, Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given
a judgment on 25 October 2001, in which it: