Case C-356/02: Reference for a preliminary ruling by the Tribunal du Travail de Nivelles, Section de Nivelles — 2ème Chambre by judgment of that Court of 24 September 2002 in the case of Anne Hennecart against Office National de l'Emploi
Date: 2002-11-23
Institutions: Court of Justice
Subjects: EU law, European citizenship, free movement of persons, interpretation of the law, residence, social-security benefit

23.11.2002

EN

Official Journal of the European Communities

C 289/17

Action brought on 2 October 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-352/02)

(2002/C 289/28)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 2 Octo-
ber 2002 by the Commission of the European Communities,
represented by Minas Konstantinidis, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt, and in any event to
communicate, the laws, regulations and administrative
provisions necessary to comply with Directive 2000/14/
EC (1) of the European Parliament and of the Council of
8 May 2000 on the approximation of the laws of the
Member States relating to the noise emission in the
environment by equipment for use outdoors, the Hellenic
Republic has failed to fulfil its obligations under that
directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Member States are required by the binding character of
the third paragraph of Article 249 EC and Article 10 EC to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That time-limit expired on 3 July 2001
without the Hellenic Republic having notified to the Com-
mission the provisions transposing the directive in question
into national law.

( 1) OJ L 162 of 3.7.2000, p. 1.

Reference for a preliminary ruling by the Tribunal du
Travail de Nivelles, Section de Nivelles — 2ème Chambre
by judgment of that Court of 24 September 2002 in
the case of Anne Hennecart against Office National de
l’Emploi

(Case C-356/02)

(2002/C 289/29)

Reference has been made to the Court of
Justice of the
European Communities by judgment of the Tribunal du Travail
de Nivelles, Section de Nivelles — 2ème Chambre (Labour
Court of Nivelles, Nivelles Section — 2nd Chamber) (Belgium)
of 24 September 2002, received at the Court Registry on
3 October 2002, for a preliminary ruling in the case of Anne
Hennecart against Office National de l’Emploi on the following
question:

Does Community law — and more particularly the principles
of citizenship and of
freedom of movement of citizens
provided for by Articles [17] and 18 of the EC Treaty —
preclude the accrual and continuation of entitlement to a
social security benefit conferred by a Member State,
the
recipient not being required to remain available on the
employment market of that State, being made subject to a
condition of residence or habitual residence within that State?

Reference for a preliminary ruling by the Supremo
Tribunal Administrativo by order of that Court of 3 July
2002 in the appeal brought by Fazenda Pública against
Sonae Distribução SGPS, SA

(Case C-357/02)

(2002/C 289/30)

Justice of the
Reference has been made to the Court of
European Communities by order of the Supremo Tribunal
Administrativo (Supreme Administrative Tribunal) of 3 July
2002, received at the Court Registry on 3 October 2002, for a
preliminary ruling in the appeal brought by Fazenda Pública
against Sonae Distribução SGPS, SA on the following question:

Are Articles 1 and 2 of Order No 904/95 of 18 July 1995 and
Article 408(1) of the Código do Mercado de Valores Mobiliá-
rios (approved by Decreto-lei No 142-A/91 of 10 April 1991,
in the version in force at the material time rather than the later
version approved by Decreto-lei No 486/99 of 13 November