Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-311/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Social security — Articles 69 and 71 of Regulation (EEC) No 1408/71 — Unemployment benefit — Frontier workers — Retention of benefit entitlement when seeking employment in another Member State)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, free movement of workers, social security, wage earner

10.1.2004

EN

Official Journal of the European Union

C 7/11

JUDGMENT OF THE COURT

ployment benefit, the Kingdom of the Netherlands has failed to
fulfil its obligations under Articles 69 and 71 of the regulation;

(Fifth Chamber)

2. Orders the Kingdom of the Netherlands to pay the costs.

of 6 November 2003

(1) OJ C 289 of 13.10.2001.

in Case C-311/01: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil obligations — Social
security — Articles 69 and 71 of Regulation (EEC) No 1408/
71 — Unemployment benefit — Frontier workers — Reten-
tion of benefit entitlement when seeking employment in
another Member State)

(2004/C 7/16)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-311/01, Commission of the European Communities
(Agents: H. Michard and H. van Vliet) v Kingdom of the
Netherlands (Agents: H. G. Sevenster and I. van der Steen):
Application for a declaration that, by refusing to allow wholly
unemployed frontier workers to make use of the possibility
under Article 69 of Regulation (EEC) No 1408/71 of the
Council of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and
to members of their families moving within the Community,
as amended and updated by Council Regulation (EEC)
No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), of going,
under the conditions laid down in that provision, to one or
more Member States in order to seek employment there while
retaining their entitlement
the
Kingdom of the Netherlands has failed to fulfil its obligations
under Articles 69 and 71 of the regulation, the Court (Fifth
Chamber), composed of: A. La Pergola (Rapporteur), acting for
the President of the Fifth Chamber, P. Jann and S. von Bahr,
Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
6 November 2003, in which it:

to unemployment benefit,

1. Declares that, by refusing to allow wholly unemployed frontier
workers to make use of the possibility under Article 69 of
Regulation (EEC) No 1408/71 of the Council of 14 June
1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and
updated by Council Regulation (EEC) No 2001/83 of 2 June
1983, of going, under the conditions laid down in that
provision, to one or more Member States in order to seek
employment there while retaining their entitlement to unem-

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 November 2003

in Case C-313/01 (Reference for a preliminary ruling from
the Corte suprema di cassazione): Christine Morgenbesser
v Consiglio dell’Ordine degli avvocati di Genova (1)

(Freedom of establishment — Enrolment in the register of
‘praticanti’ — Recognition of diplomas — Access to regu-
lated professions)

(2004/C 7/17)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-313/01: Reference to the Court under Article 234
EC by the Corte suprema di cassazione (Italy) for a preliminary
ruling in the proceedings pending before that court between
Christine Morgenbesser and Consiglio dell’Ordine degli avvo-
cati di Genova, on the interpretation of Articles 10 EC, 12 EC,
14 EC, 39 EC, 43 EC and 149 EC, the Court (Fifth Chamber),
composed of: D.A.O. Edward (Rapporteur), acting for the
President of the Fifth Chamber, A. La Pergola and S. von Bahr
Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, has given a judgment on
13 November 2003, in which it has ruled:

Community law precludes the authorities of a Member State from
refusing to enrol the holder of a legal diploma obtained in another
Member State in the register of persons undertaking the necessary
period of practice for admission to the bar solely on the ground that
it is not a legal diploma issued, confirmed or recognised as equivalent
by a university of the first State.

(1) OJ C 289 of 10.10.2001.