Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-456/02 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Michel Trojani v Centre public d'aide sociale de Bruxelles (CPAS) (Freedom of movement of persons — Citizenship of the European Union — Right of residence — Directive 90/364/EEC — Limitations and conditions — Person working in a hostel in return for benefits in kind — Entitlement to social assistance benefits)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: EU national, European citizenship, interpretation of the law, residence permit, welfare, worker (EU)

23.10.2004

EN

Official Journal of the European Union

C 262/7

Article 85a of Council Regulation (EEC, Euratom, ECSC) No
259/68 of 29 February 1968 laying down the Staff Regulations of
officials and the conditions of employment of other servants of the
European Communities and instituting special measures temporarily
applicable to officials of the Commission, as amended by Council
Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September
1985, is not to be interpreted as conferring on the Communities the
right to obtain from a third party liable for the death of an official
reimbursement in full of the survivor's pension paid to the surviving
spouse pursuant to Articles 79 and 79(a) of those Staff Regulations,
where the law applicable to entitlement to compensation for damage
provides that the right to a survivor's pension is unconnected with the
obligation of the perpetrator of a wrongful act to compensate in full
for the damage and the damage suffered by the surviving spouse as a
result of the loss of the deceased wife's income is less than the amount
of the survivor's pension paid to him.

(1) OJ C 7 of 11.1.2003.

1993, and by accepting that the Technico Epimelitirio Elladas
(Greek Technical Board), with which a person must be registered
in order to pursue the profession of architect in Greece, carries out,
with significant delays, the processing of the files and the registra-
tion of Community nationals holding foreign diplomas which
ought to be recognised under Council Directive 85/384/EEC of
10 June 1985 on the mutual recognition of diplomas, certificates
and other
in architecture,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide
the Hellenic
Republic has failed to fulfil its obligations under that directive;

formal qualifications

evidence of

services,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 9 September 2004

(Grand Chamber)

of 7 September 2004

in Case C-417/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
85/384/EEC — Recognition of architects' diplomas — Regis-
tration procedure with the Greek Technical Board (Technico
Epimelitirio Elladas) — Obligation to provide a document
stating that the evidence of formal qualifications concerned is
covered by the system of mutual recognition)

in Case C-456/02 (reference for a preliminary ruling from
the Tribunal du travail de Bruxelles): Michel Trojani v
Centre public d'aide sociale de Bruxelles (CPAS) (1)

(Freedom of movement of persons — Citizenship of the Euro-
pean Union — Right of residence — Directive 90/364/EEC
— Limitations and conditions — Person working in a hostel
in return for benefits in kind — Entitlement to social assis-
tance benefits)

(2004/C 262/13)

(Language of the case: Greek)

(2004/C 262/14)

(Language of the case: French)

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

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

In Case C-417/02: action under Article 226 EC for failure to
fulfil obligations, brought on 19 November 2002, Commission
of the European Communities (Agent: M. Patakia) v Hellenic
Republic (Agent: E. Skandalou) — the Court (First Chamber),
composed of: P. Jann, President of the Chamber, A. Rosas, S.
von Bahr, K. Lenaerts and K. Schiemann (Rapporteur), Judges; J.
Kokott, Advocate General; L. Hewlett, Principal Administrator,
for the Registrar, has given a judgment on 9 September 2004,
in which it:

1. Declares that, by adopting and retaining in force the provisions of
Article 3(1)(c) of Presidential Decree No 107/1993 of 22 March

In Case C-456/02: reference for a preliminary ruling under
Article 234 EC from the Tribunal du travail de Bruxelles
(Belgium), made by decision of 21 November 2002, received
in the proceedings between Michel
on 18 December 2002,
Trojani and Centre public d'aide sociale de Bruxelles (CPAS) —
the Court (Grand Chamber), composed of: V. Skouris, President,
P. Jann, C.W.A. Timmermans, C. Gulmann, J.-P. Puissochet and
J.N. Cunha Rodrigues (Rapporteur), Presidents of Chambers, R.
Schintgen, F. Macken, N. Colneric, S. von Bahr and K. Lenaerts,
Judges; L.A. Geelhoed, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, has given a
judgment on 7 September 2004, in which it has ruled:

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: