Case C-148/02: Reference for a preliminary ruling by the Conseil d'Etat, section d'administration by judgment of that Court of 21 December 2001 in the case of Carlos Garcia Avello against Etat Belge
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Belgium, EU law, European citizenship, descendant, preliminary issue, surname

C 144/26

EN

Official Journal of the European Communities

15.6.2002

Question 2

Is the answer to Question 1 affected by whether the effective
date of the pay rise commences:

(i)

prior to the beginning of the woman’s maternity leave,

(ii) prior to the ending of the period of the earnings-related

period of her SMP, or

(iii) on some other date and, if so, on what date?

Question 3

If the answer to Question 1 is in the affirmative,

(i)

how should the calculation or re-alculation of the normal
weekly earnings in the relevant period take into account
the pay rise?

(ii)

Should the relevant period be changed?

(iii) What allowance, if any, should be made for other factors
occurring within the period to which the pay rise relates
such as the numbers of hours worked, and the reason for
the pay increase?

(iv) Does it follow that if there is a reduction in pay after the
end of the relevant period but before the end of the
woman’s period of maternity leave, her SMP should be
calculated or
the
reduction of pay, and if so, how is this to be done?

re-calculated to take account of

Reference for a preliminary ruling by the Conseil d’Etat,
section d’administration by judgment of that Court of
21 December 2001 in the case of Carlos Garcia Avello
against Etat Belge

(Case C-148/02)

(2002/C 144/44)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat,
section d’administration (Belgian Council of State, administrat-
ive section) of 21 December 2001, received at the Court
Registry on 24 April 2002, for a preliminary ruling in the case
of Carlos Garcia Avello against Etat Belge on the following
question:

Are the principles of Community law relating to European
citizenship and to the freedom of movement of persons,
enshrined particularly in Articles 17 [EC] and 18 [EC], to be

interpreted as precluding the Belgian administrative authority,
to which an application to change the surname of minor
children residing in Belgium who have dual Belgian and
Spanish nationality has been made on the ground, without
other special circumstances, that those children should bear
the surname to which they are entitled according to Spanish
law and tradition, from refusing that change by stating that
that type of application is habitually rejected on the ground
that, in Belgium, children bear their father’s surname’, particu-
larly where the position usually adopted by the authority
results from the fact that it considers that the grant of a
different surname may, in the context of social life in Belgium,
arouse questions as to the parentage of the child concerned,
but that, in order to reduce the difficulties associated with dual
nationality,
it is suggested to applicants in that situation
that they adopt only the father’s first surname, and that,
exceptionally, where there are few connecting factors to
Belgium or it is appropriate to re-establish the same surname
among siblings, a favourable decision may be taken?

Reference for a preliminary ruling by the Giudice di Pace
di Genova by order of that Court of 18 April 2002 in the
action brought by Valentina Neri against the European
School of Economics (ESE INSIGHT World Education
System Ltd)

(Case C-153/02)

(2002/C 144/45)

Reference has been made to the Court of Justice of the
European Communities by order of the Giudice di Pace di
Genova (Office of the Magistrate Genoa) of 18 April 2002,
received at the Court Registry on 26 April 2002,
for a
preliminary ruling in the action brought by Valentina Neri
against the European School of Economics (ESE INSIGHT
World Education System Ltd) on the following questions:

1. Are the rules or administrative practices of the national
legal order, such as those described at points III and IV
hereof, compatible with the principles of the EC Treaty
concerning the free movement of persons (Article 39 et
seq EC), the right of establishment (Article 43 et seq. EC)
and freedom to provide services (Article 49 et seq. EC), as
interpreted by the Court of Justice. Of particular relevance
in that regard are national rules and/or administrative
practices which: