Case C-388/02: Action brought on 4 November 2002 by the Commission of the European Communities against Ireland
Date: 2003-01-11
Institutions: Court of Justice
Subjects: Ireland, action for failure to fulfil an obligation, application of EU law, professional experience, professional qualifications, recognition of diplomas

11.1.2003

EN

Official Journal of the European Communities

C 7/13

(c)

colleagues of the general secretary within the union’s
secretariat?

Question 5

What bearing on the answers to Questions 1 to 4 has the fact
that the inside information which is disclosed is

(a)

(b)

(c)

information on the commencement of merger nego-
tiations between two companies quoted on the stock
exchange;

information on the date of merger of two companies
quoted on the stock exchange; or

information on the level of the rise in the value of shares
in a company quoted on the stock exchange which is
anticipated by reason of the fact that the company is to
merge with another quoted company?

( 1) Council Directive 89/592/EEC of 13 November 1989 coordinat-
ing regulations on insider dealing (OJ L 334 of 18.11.1989,
p. 30).

Reference for a preliminary ruling by the Arbeits- und
Sozialgerichts Wien by decision of that Court of 22 Octo-
ber 2002 in the proceedings between Josef Baldinger and
Pensionsversicherungsanstalt der Arbeiter

(Case C-386/02)

(2003/C 7/22)

Reference has been made to the Court of Justice of the
European Communities by decision of
the Arbeits- und
Sozialgerichts Wien (Labour and Social Court Vienna) of
22 October 2002, received at the Court Registry on 28 October
2002, for a preliminary ruling in the proceedings between
Josef Baldinger and Pensionsversicherungsanstalt der Arbeiter
(Pension Insurance Scheme for Workers) on the following
questions:

3. were outside the territory of the Republic of Austria as a
result of political persecution or the threat of political
persecution and were taken into custody for political or
military reasons by a foreign power and detained after
the start of the Second World War,

is to be conditional on such persons holding Austrian national-
ity at the time of application?

Action brought on 4 November 2002 by the Commission
of the European Communities against Ireland

(Case C-388/02)

(2003/C 7/23)

An action against Ireland was brought before the Court of
Justice of the European Communities on 4 November 2002
by the Commission of the European Communities, represented
by Maria Patakia and Karen Banks, acting as agents, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/42/EC of the European Parliament and of
the Council of 7 June 1999 on the establishment of a
mechanism for the recognition of qualifications in respect
of the professional activities covered by the Directives on
liberalisation and transitional measures
and sup-
plementing the general systems for the recognition of
qualifications (1), or in any event by failing to communi-
cate them to the Commission, Ireland has failed to fulfil
its obligations under the Directive;

2.

order Ireland to pay the costs of this action.

Pleas in law and main arguments

Is Article 48(2) of the EC Treaty, on the free movement of
workers, to be interpreted as precluding a national rule which
provides that entitlement
to financial compensation first
legislated for in the year 2000 for persons who

1.

became prisoners of war in the course of the First or
Second World War; or

Article 249 EC, under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 31 July 2001 without Ireland having enacted the
provisions necessary to comply with the directive referred to
in the conclusions of the Commission.

2. were taken into custody and detained by a foreign power
for political or military reasons in the course of the
Second World War or during the period when Austria
was occupied by the allied forces; or

(1) OJ L 201, 31.07.1999, p. 77.