Judgment of the Court (Second Chamber) of 7 September 2004 in Case C-469/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Career break benefit — Residence condition — Indirect discrimination based on nationality — Article 39 EC — Article 7 of Regulation (EEC) No 1612/68 — Article 73 of Regulation (EEC) No 1408/71)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, free movement of workers, professional career, residence, social legislation, social-security benefit

C 262/8

EN

Official Journal of the European Union

23.10.2004

1. A person in a situation such as that of the claimant in the main
proceedings, first, does not come under Articles 43 EC and 49 EC
and, second, can claim a right of residence as a worker within the
meaning of Article 39 EC only if the paid activity he carries out is
real and genuine. It is for the national court to carry out the
examinations of fact necessary to determine whether that is so in
the case pending before it.

is subject

that right

2. A citizen of the European Union who does not enjoy a right of
residence in the host Member State under Articles 39 EC, 43 EC
or 49 EC may, simply as a citizen of the Union, enjoy a right of
residence there by direct application of Article 18(1) EC. The exer-
cise of
to the limitations and conditions
referred to in that provision, but the competent authorities must
ensure that those limitations and conditions are applied in compli-
ance with the general principles of Community law, in particular
the principle of proportionality. However, once it is ascertained
that a person in a situation such as that of the claimant in the
main proceedings is in possession of a residence permit, he may
rely on Article 12 EC in order to be granted a social assistance
benefit such as the minimex.

Poiares Maduro, Advocate General; R. Grass, for the Registrar,
has given a judgment on 7 September 2004, in which it:

in Belgium,

1. Declares that, by making the granting and payment of a benefit
under the career-break benefit scheme subject to the condition that
the person concerned is habitually resident
the
Kingdom of Belgium has failed to fulfil its duties under Article 39
EC, Article 7 of Regulation (EEC) No 1612/68 of the Council of
15 October 1968 on freedom of movement for workers within the
Community, Article 73 of Council Regulation No 1408/71 of
14 June 1971 on the application of social security schemes to
employed persons and their families moving within the Com-
munity, as amended and updated by Council Regulation (EC) No
118/97 of 2 December 1996;

2. Order the Kingdom of Belgium to pay the costs.

(1) OJ C 44 of 22.2.2003.

(1) OJ C 44 of 22.2.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 7 September 2004

in Case C-469/02: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Career
break benefit — Residence condition — Indirect discrimina-
tion based on nationality — Article 39 EC — Article 7 of
Regulation (EEC) No 1612/68 — Article 73 of Regulation
(EEC) No 1408/71)

JUDGMENT OF THE COURT

(Second Chamber)

of 7 September 2004

in Case C-1/03 (reference for a preliminary ruling from the
Cour d'appel de Bruxelles): criminal proceedings against
Paul Van de Walle and Others and Texaco Belgium SA (1)

(Environment — Waste — Directives 75/442/EEC and
91/156/EEC — Meaning of ‘waste’, ‘producer of waste’ and
‘holder of waste’ — Soil infiltrated by leaked hydrocarbons
— Independent operation of a service station belonging to a
petroleum company)

(2004/C 262/16)

(2004/C 262/15)

(Language of the case: French)

(Language of the case: French)

In Case C-469/02: action under Article 226 EC for failure to
fulfil obligations, brought on 23 December 2002, Commission
of the European Communities (Agent: H. Michard) v Kingdom
of Belgium (Agent: A. Snoecx, then by E. Dominkovits) — the
Court (Second Chamber), composed of: C.W.A. Timmermans
(Rapporteur), President of Chamber, J.-P. Puissochet, J.N. Cunha
Judges; M.
Rodrigues ande R. Schintgen and N. Colneric,

In Case C-1/03: Reference to the Court under Article 234 EC
from the Cour d'appel de Bruxelles (Belgium) for a preliminary
ruling in the criminal proceedings pending before that court
against Paul Van de Walle, Daniel Laurent, Thierry Mersch and
Texaco Belgium SA, intervener: Région de Bruxelles-Capitale —
the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, J.-P. Puissochet (Rapporteur),
R. Schintgen, F. Macken and N. Colneric, Judges; J. Kokott,
Advocate General; R. Grass, Registrar, has given a judgment on
7 September 2004, in which it has ruled: