Case C-265/03: Reference for a preliminary ruling by the Audiencia Nacional, Sala de lo Contencioso Administrativo by order of that Court of 9 May 2003 in the case of Igor Simutenkov against Abogado del Estado, Real Federación Española de Fútbol and Ministerio Fiscal
Date: 2003-09-06
Institutions: Court of Justice
Subjects: Russia, cooperation agreement (EU), interpretation of the law, professional sport

C 213/12

EN

Official Journal of the European Union

6.9.2003

The Commission of the European Communities claims that
the Court should:

1.

declare that, by making the grant of a permanent
residence permit to nationals of the other Member States
referred to in Article 1(a), (c), (f), (h), (i) and (j) of Decree
No 94-221 of 11 March 1994 laying down the conditions
of entry to, and residence in France applicable to nationals
of Member States of the European Communities entitled
to freedom of movement
to a
condition of reciprocity, the French Republic has failed
to fulfil its obligations under Article 12 EC;

for persons subject

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

The French legislation determining the conditions for issuing
permanent residence permits to nationals of Member States
and members of their family, makes the grant of those permits
subject to a condition of reciprocity, namely the condition that
the applicant be a national of a Member State which issues
residence permits of permanent validity to French nationals
who have exercised their right to freedom of movement. Such
a condition is manifestly contrary to Article 12 EC, read with
Articles 17, 18(1), 39 and 43 EC.

Reference for a preliminary ruling by the Audiencia
Nacional, Sala de lo Contencioso Administrativo by order
of that Court of 9 May 2003 in the case of Igor Simutenkov
against Abogado del Estado, Real Federación Española de
Fútbol and Ministerio Fiscal

(Case C-265/03)

(2003/C 213/20)

Reference has been made to the Court of Justice of the
European Communities by order of the Audiencia Nacional
(National High Court) Sala de lo Contencioso Administrativo
(Chamber for Contentious Administrative Proceedings) of
9 May 2003, received at the Court Registry on 17 June 2003,
for a preliminary ruling in the case of Igor Simutenkov against
Abogado del Estado, Real Federación Española de Fútbol and
Ministerio Fiscal on the following question:

24 June 1994, for a sports federation to apply to a professional
sportsman of Russian nationality who is lawfully employed by
a Spanish football club, as in the main proceedings, a rule
which provides that clubs may use in competitions at national
level only a limited number of players from countries outside
the European Economic Area?

Reference for a preliminary ruling by the Högsta Dom-
stolen by order of that Court of 10 April 2003 in the case
of Lars Erik Staffan Lindberg against Riksåklagaren

(Case C-267/03)

(2003/C 213/21)

Reference has been made to the Court of
Justice of the
European Communities by order of the Högsta Domstolen
(Supreme Court) of 10 April 2003, received at the Court
Registry on 18 June 2003, for a preliminary ruling in the case
of Lars Erik Staffan Lindberg against Riksåklagaren (public
prosecutor) on the following questions of interpretation of
Council Directive 83/189/EEC (1) (as amended by Directive 88/
182/EC (2) and by European Parliament and Council Directive
94/10/EC (3) in the light of the amendments to the Lottery Law
which entered into force on 1 January 1997:

1.

2.

3.

Can the introduction in national law of a prohibition on
the use of a product constitute a technical regulation
which must be notified under the regulation?

Can the introduction in national law of a prohibition on
a service which affects the use of a product constitute a
technical regulation which must be notified under the
regulation?

Can the redefinition in national law of a service connected
with the design of a product constitute a technical
regulation which must be notified under the directive, if
the new definition affects the use of the product?

Is it contrary to Article 23 of the Agreement on partnership and
cooperation establishing a partnership between the European
Communities and their Member States, of one part, and the
Russian Federation, of the other part, concluded in Corfu on

4. What is the significance for the obligation to notify of
factors such as the replacement of a licence requirement
by a prohibition in national law, the greater or lesser