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) (Social security for migrant workers — Regulation (EEC) No 1408/71 — Unemployment benefit — Condition of living together with the dependent members of the family)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: Community migration, EU national, interpretation of the law, social security, unemployment, wage earner

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: