Case C-309/03: Reference for a preliminary ruling by the Juzgado de lo Social No 33 by order of that Court of 8 July 2003 in the case of Ana Isabel López Gil against Instituto Nacional de Empleo (Inem)
Date: 2003-09-20
Institutions: Court of Justice
Subjects: interpretation of the law, national implementing measure, pay, reduction of working time, social security, unemployment insurance

20.9.2003

EN

Official Journal of the European Union

C 226/9

Action brought on 18 July 2003 by the Italian Republic
against Commission of the European Communities

(Case C-307/03)

(2003/C 226/13)

the Commission of

An action against
the European
Communities was brought before the Court of Justice of the
European Communities on 18 July 2003 by the Italian
Republic, represented by Ivo M. Braguglia, acting as Agent,
assisted by Maurizio Fiorilli, Avvocato dello Stato.

The applicant claims that the Court should:

— Annul the financial correction imposed against Italy by
Commission Decision No C(2003) 1539 final of 15 May
2003.

Pleas in law and main arguments

First, the applicant claims that the spot checks were of poor
it disagrees with the findings of the Commission's
quality:
officials as regards the procedure and effectiveness of
the
checks carried out.

As regards failure to repay aid in respect of non-eligible areas,
the applicant maintains that financial corrections may not be
made where the Member State has kept to measures agreed
with the Commission and improved checking procedures, as
admitted by the Commission and as shown by the fact that it is
sought to confer retroactive effectiveness to the scope of check-
ing procedures which have been gradually improved.

1. Where the period for calculation of the basis of contribu-
tion for unemployment benefit coincided with exercise of
the right to reduced working hours and salary in order to
care for a child, does the correct transposition of clause 2
(8) of the framework agreement contained in Directive
96/34 (1) into the domestic law of Member States, and
specifically into Spanish law, require those States to adopt
in social security legislation relating specifically to unem-
ployment benefit measures to offset the effect of the lower
contribution to the social security scheme as a result of the
reduced salary received by a worker exercising that right,
so as not to cause the worker's unemployment benefit to
be reduced?

2.

Should the preceding question be answered affirmatively,

Can failure to comply with the duty under clause 2(8) of
the framework agreement contained in Directive 96/34,
once the time-limit established in Article 2 of the Directive
for its transposition has expired, be remedied directly by
the national court in the proceedings in which these
preliminary questions are raised, in the decision adopted
to determine those proceedings?

(1) Council Directive 96/34/EC of 3 June 1996 on the framework
agreement on parental leave concluded by UNICE, CEEP and the
ETUC (OJ L 145 of 19.6.1996, p. 4).

Finally, the applicant maintains that the contested decision is
vitiated by misapplication of Article 9(3) of Regulation
No 3887/92 (1) (areas to be used for calculation of the aid).

Action brought on 23 July 2003 by the Commission of the
European Communities against the Italian Republic

(1) OJ L 391, 31.12.1992, p. 36.

Reference for a preliminary ruling by the Juzgado de lo
Social No 33 by order of that Court of 8 July 2003 in the
case of Ana Isabel López Gil against Instituto Nacional de
Empleo (Inem)

(Case C-309/03)

(2003/C 226/14)

Reference has been made to the Court of
the
European Communities by order of the Juzgado de lo Social
(Social Court) No 33 of 8 July 2003, received at the Court
Registry on 23 July 2003, for a preliminary ruling in the case of
Ana Isabel López Gil against Instituto Nacional de Empleo
(Inem) on the following questions:

Justice of

(Case C-313/03)

(2003/C 226/15)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 23 July 2003
by the Commission of the European Communities, represented
by M.-J. Jonczy, acting as Agent.

The applicant claims that the Court should:

— find that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/63/EC (1) of 21 June 1999 concerning the
Agreement on the organisation of working time of seafarers
concluded by the European Community Shipowners"
Association (ECSA) and the Federation of Transport
Workers" Unions in the European Union (FST) — Annex:
European Agreement on the organisation of working time of
seafarers, or in any event, by failing to communicate any
such provisions to the Commission, the Italian Republic has
failed to satisfy its obligations under Article 3(1) of that
directive;