Case C-262/04: Action brought on 23 June 2004 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-08-07
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, competition law, telecommunications industry, transmission network

C 201/14

EN

Official Journal of the European Union

7.8.2004

Action brought on 14 June 2004 by the Commission of
the European Communities against the Hellenic Republic

(Case C-254/04)

(2004/C 201/27)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 14 June
2004 by the Commission of the European Communities, repre-
sented by Georgios Zavvos and Michael Shotter, of its Legal
Service.

The Commission claims that the Court should:

State the condition, applicable equally to its own nationals, that
the allowance is granted only if the required education has
been completed in an educational establishment run, subsidised
or recognised by one of the three national Communities (as
laid down in the Royal Decree by Article 36(1)1(2)(a)), with the
result that the tideover allowance is refused in the case of a
young job seeker who is not a member of the family of a
migrant worker, but who is a national of another Member State
in which, before moving within the Union, he had pursued and
completed secondary education, recognised as equivalent to the
education required by the authorities of the State in which the
application for the tideover allowance has been made?

necessary

— declare that, by failing to adopt, and in any event to notify
to the Commission, the laws, regulations and administrative
Directive
provisions
2002/20/EC (1) of
the
Council of 7 March 2002 on the authorisation of electronic
(Authorisation
communications networks
Directive), the Hellenic Republic has failed to fulfil its obli-
gations under that directive;

the European Parliament and of

and services

comply

with

to

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 24 July 2003.

(1) OJ L 108, 24.4.2002, p. 21.

Reference for a preliminary ruling by the Cour du travail
de Liège (9th Chamber), by a judgment of that court of 7
June 2004 in the case of Office national de l'emploi
against Ioannis Ioannidis

(Case C-258/04)

(2004/C 201/28)

Reference has been made to the Court of Justice of the Euro-
pean Communities by a judgment of the Cour du travail de
Liège, (9th Chamber) (Higher Labour Court, 9th Chamber, Liège),
Belgium, of 7 June 2004, received at the Court Registry on
17 June 2004, for a preliminary ruling in the case of Office
national de l'emploi against Ioannis loannidis on the following
question:

Is it contrary to Community law (in particular Articles 12, 17
and 18 of the EC Treaty) for rules of a Member State (such as,
in Belgium, the Royal Decree of 25 November 1991 on unem-
ployment) which provide for a tideover allowance to be given
to a job seekers who are (in principle) less than 30 years old on
the basis of the secondary education they have completed to
apply to job seekers who are nationals of another Member

Action brought on 23 June 2004 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-262/04)

(2004/C 201/29)

the Federal Republic of Germany was
An action against
brought before the Court of Justice of the European Commu-
nities on 23 June 2004 by the Commission of the European
Communities, represented by Walter Mölls and Karolina Mojze-
sowicz, of the Commission's Legal Service, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to supply to the Commission such
information as would allow the Commission to confirm
that the provisions of the directive have been complied
with, the Federal Republic of Germany is in breach of its
obligations under Article 9 of Commission Directive
2002/77/EC (1) of 16 September 2002 on competition in
the markets for electronic communications networks and
services;

— Order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments:

Under Article 9 of Commission Directive 2002/77/EC, Member
States were to supply to the Commission by not later than 24
July 2003 such information as would allow the Commission to
confirm that
that directive have been
complied with. That period has expired without the Federal
Republic of Germany supplying to the Commission the infor-
mation required under Article 9.

the provisions of

(1) OJ L 249, p. 21.