Case C-405/01: Reference for a preliminary ruling by the Third Division of the Sala De Lo Contencioso-administrativo by order of that court of 4 October 2001 in the case of Colegio de Oficiales de la Marina Mercante Española, the State Administration and Asociación de Navieros Españoles (ANAVE)
Date: 2002-01-19
Institutions: Court of Justice
Subjects: crew, foreign national, free movement of workers, interpretation of the law, job access

C 17/8

EN

Official Journal of the European Communities

19.1.2002

residing in Frankfurt am Main, Marc van de Velde, member of
staff of the European Central Bank, residing in Usingen-
Kransberg, Germany, and Maria Concetta Cerafogli, member
of staff of the European Central Bank, residing in Frankfurt am
Main, represented by N. Pflüger, R. Steiner and S. Mittländer
— appeal against the order of the Court of First Instance of
the European Communities (Fourth Chamber) of 24 October
2000 in Case T-27/00 Staff Committee of the ECB and Others
v ECB [2000] ECR-SC I-A-217 and II-987, seeking to have
that order set aside, the other party to the proceedings being
European Central Bank (Agents: C. Zilioli, V. Saintot and
M. Lo´ pez Torres) — the Court (Third Chamber), composed of:
C. Gulmann, President of the Chamber, F. Macken (Rapporteur)
and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
R. Grass, Registrar, has made an order on 13 September 2001,
the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Staff Committee of the European Central Bank, Mr Priese-
mann, Mr Van de Velde and Ms Cerafogli shall pay the costs.

(1) OJ C 61 of 24.2.2001.

A) Do Article 39 EC (formerly Article 48 of the EC Treaty)
and Articles 1 and 4 of Regulation (EEC) No 1612/68 (1)
of the Council of 15 October 1968 on freedom of
movement for workers within the Community permit a
Member State to reserve the posts of captain and first
officer of its merchant ships to its own nationals? If the
reply is in the affirmative, may that reservation be
formulated in absolute terms (for all types of merchant
ships) or is it valid only in cases in which it is foreseeable
and reasonable that it may be necessary for captains and
first officers on board actually to carry out certain public
duties?

B)

If the national provisions of a Member State exclude from
the reservation of those posts to its nationals certain
commercial shipping situations (defined on the basis of
factors such as the gross tonnage of the ship, the cargo
or number of passengers and the characteristics of its
voyages) and, in those situations, allow citizens of other
Member States of the European Union to have access to
the posts in question, may that access be made subject to
the condition of reciprocity?

(1) OJ English Special Edition 1968(II) P. 475.

Action brought on 12 November 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

Reference for a preliminary ruling by the Third Division
of the Sala De Lo Contencioso-administrativo by order of
that court of 4 October 2001 in the case of Colegio de
Oficiales de la Marina Mercante Espan˜ ola, the State
Administration and Asociacio´ n de Navieros Espan˜ oles
(ANAVE)

(Case C-435/01)

(2002/C 17/13)

(Case C-405/01)

(2002/C 17/12)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.

The applicant claims that the Court should:

Reference has been made to the Court of Justice of the
European Communities by an order of the Third Division of
the Sala De Lo Contencioso-administrativo (Chamber for
Contentious-Administrative Proceedings), which was received
at the Court Registry on 15 October 2001, for a preliminary
ruling in the case of Colegio de Oficiales de la Marina Mercante
Espan˜ ola, the State Administration and Asociacio´ n de Navieros
Espan˜ oles (ANAVE), on the following questions:

1.

declare that, by failing within the time-limits prescribed
to adopt all the laws, regulations and administrative
provisions necessary to comply fully and correctly with
Council Directive 96/61/EC of 24 September 1996 (1)
concerning integrated pollution prevention and control,
or at any rate to notify the same to the Commission, the
Kingdom of Belgium has failed to fulfil its obligations
under that directive;