Case C-293/03: Reference for a preliminary ruling by the Tribunal du Travail de Bruxelles by judgment of that Court of 20 May 2003 in the case of Gregorio MY against L'Office National des Pensions (O.N.P.)
Date: 2003-10-18
Institutions: Court of Justice
Subjects: free movement of workers, interpretation of the law, pension scheme, regulations for civil servants, transfer of pension rights

18.10.2003

EN

Official Journal of the European Union

C 251/3

Beroep voor het bedrijfsleven (Administrative Court for Trade
and Industry) of 26 June 2003, received at the Court Registry
on 30 June 2003, for a preliminary ruling in the proceedings
between Arch Timber Protection BV and College voor de
toelating van bestrijdingsmiddelen; party to these proceedings:
Stichting Behoud Leefmilieu en Natuur Maas en Waal on the
following question:

Does the Substances Directive permit a Member State to lay
down additional conditions for the placing on the market and
use of a biocidal product the active substance of which is
included in Annex I to the Substances Directive?

rights either from the national scheme to the European
scheme or, conversely, from the European scheme to the
national scheme;

in that by providing that the worker concerned must
expressly waive the right to transfer from the Belgian
scheme to the European scheme or by causing an
administrative practice to that effect, without the afore-
mentioned comparison having been made, these provi-
sions mislead or could mislead the worker;

and in that these national provisions do not allow years of
service as an official of the European Union to be taken
into account for the purposes of the grant of an early
national pension?

2.

3.

(1) English special edition Series-I I Chapter 1968(II) p. 475.

Reference for a preliminary ruling by the Tribunal du
Travail de Bruxelles by judgment of
that Court of
20 May 2003 in the case of Gregorio MY against
L'Office National des Pensions (O.N.P.)

(Case C-293/03)

(2003/C 251/06)

Reference for a preliminary ruling by the Bundesver-
waltungsgerichts by order of that Court of 30 April
2003 in the case of Federal Republic of Germany, repre-
sented by the Bundesministerium für Wirtschaft und
Technologie against ISIS Multimedia Net GmbH und Co.
KG and Firma O2 (Germany) GmbH and Co. OHG

Justice of
the
Reference has been made to the Court of
European Communities by judgment of
the Tribunal du
Travail de Bruxelles (Brussels Labour Court) of 20 May 2003,
received at the Court Registry on 4 July 2003, for a prelimin-
ary ruling in the case of Gregorio MY against L'Office
National des Pensions (O.N.P.) (National Pensions Office) on
the following questions:

Are national provisions, such as the Belgian Law of 21 May
1991 (establishing a certain relationship between the Belgian
pension schemes and those of international public law bodies)
and the second paragraph of Article 4 of the Belgian Royal
Decree of 23 December 1996 (implementing Articles 15, 16
and 17 of the Law of 26 July 1996 modernising social security
and ensuring the viability of the statutory pension schemes), or
Article 11 of Annex VIII to the Staff Regulations of Officials
of the European Communities, not contrary to Articles 2, 3,
17, 18, 39, 40, 42 and 283 of the EC Treaty and Article 7
of Regulation (EEC) No 1612/68 of 15 October 1968 on
freedom of movement for workers within the Community (1):

1.

in that these national provisions and the Staff Regulations
do not allow a citizen of the European Union, such as the
plaintiff, whose professional career has been carried out
first in an undertaking or in a national public service and
then in the European Union civil service, or vice versa, to
compare the pension benefits which he would obtain
under each scheme, be it national or European, through
transfer of rights acquired under the other schemes, and
based on this comparison, to request transfer of these

(Cases C-327/03 and C-328/03)

(2003/C 251/07)

Justice of

Reference has been made to the Court of
the
European Communities by order of the Bundesverwaltungs-
gerichts (Federal Administrative Court) of 30 April 2003,
received at the Court Registry on 28 July 2003, for a preli-
minary ruling in the case of Federal Republic of Germany,
represented by the Bundesministerium für Wirtschaft und
Technologie against ISIS Multimedia Net GmbH und Co. KG
and Firma O2 (Germany) GmbH and Co. OHG on the follow-
ing questions:

1.

Is Directive 97/13/EC (1) of the European Parliament and
of the Council of 10 April 1997 on a common frame-
work for general authorisations and individual licences in
the field of telecommunications services (OJ 1997 L 117,
p. 15) to be interpreted as meaning that, in respect of the
allocation of telephone numbers by the national regula-
tory authority, a fee taking account of the economic value
of the telephone numbers allocated may be imposed even
though a telecommunications undertaking operating on
the same market and occupying a dominant position on it
took over free of charge from its predecessor in law, the
former State undertaking with a monopoly, a very large