Judgment of the Court (Fourth Chamber) of 20 June 2002 in Case C-299/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Article 7(2) of Regulation (EEC) No 1612/68 — Freedom of movement for workers — Article 43 EC — Freedom of establishment — Social advantages — Guaranteed minimum income)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, free movement of workers, residence, subsistence level income

10.8.2002

EN

Official Journal of the European Communities

C 191/9

new plants and 1 December 1996 as regards existing plants,
the French Republic has failed to fulfil its obligations under
Article 4(1) of Directive 89/369 and Articles 2(a) and 4 of
Directive 89/429;

2. Orders the French Republic to pay the costs.

(1) OJ C 108 of 7.4.2001.

1. Declares that, by maintaining a condition relating to duration
of residence in the territory of Luxembourg for the grant of the
guaranteed minimum income provided for by its legislation, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under Article 7(2) of Regulation (EEC) No 1612/68 of the
Council of 15 October 1968 on freedom of movement for
workers within the Community and Article 43 EC;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 289 of 13.10.2001.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 20 June 2002

ORDER OF THE COURT

(Fifth Chamber)

of 5 June 2002

in Case C-299/01: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

in Case C-204/00 P: Aalborg Portland A/S v Commission
of the European Communities (1)

(Failure by a Member State to fulfil its obligations —
Article 7(2) of Regulation (EEC) No 1612/68 — Freedom of
movement for workers — Article 43 EC — Freedom of
establishment — Social advantages — Guaranteed mini-
mum income)

(Appeals — Competition — Cement — Article 85(1) of the
in part
EC Treaty (now, Article 81(1) EC) — Appeal

manifestly unfounded)

(2002/C 191/14)

(Language of the case: French)

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

In Case C-299/01, Commission of the European Communities
(Agent: H. Michard) v Grand Duchy of Luxembourg (Agent:
N. Mackel): Application for a declaration that, by maintaining
a condition relating to duration of residence in the territory of
Luxembourg for the grant of a guaranteed minimum income,
the Grand Duchy of Luxembourg has failed to fulfil
its
obligations under Article 7(2) of Regulation (EEC) No 1612/
68 of the Council of 15 October 1968 on freedom of
movement for workers within the Community (OJ, English
Special Edition 1968 (II), p. 475) and Article 43 EC, the Court
(Fourth Chamber), composed of: S. von Bahr, President of the
Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Timmer-
mans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 20 June 2002, in
which it:

(2002/C 191/15)

(Language of the case: Danish)

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

In Case C-204/00 P: Aalborg Portland A/S, established in
Aalborg (Denmark), represented by K. Dyekjær-Hansen and
K. Høegh,
lawyers — appeal against the judgment of the
Court of First Instance of the European Communities, Fourth
Chamber, Extended Composition, of 15 March 2000 in Joined
Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
T-104/95 Cimenteries CBR and Others v Commission [2000]
ECR II-491, seeking to have that judgment partially set aside,
the other party to the proceedings being Commission of
the European Communities (Agents: R. Lyal, assisted by
H.P. Hartvig) &mdash the Court (Fifth Chamber), composed of
P. Jann, President of the Chamber, D.A.O. Edward (Rappor-
teur), A. La Pergola, M. Wathelet and A. Rosas, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, made
an order on 5 June 2002, the operative part of which is as
follows: