Judgment of the Court (Fifth Chamber) of 16 December 2004 in Case C-313/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 1999/63/EC — Failure to transpose within the prescribed period — Failure to communicate the implementing measures)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, arrangement of working time, crew

C 57/10

EN

Official Journal of the European Union

5.3.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 20 January 2005

in Case 306/03 (reference for a preliminary ruling by the
Juzgado de lo Social no 3 de Orense): Cristalina Salgado
Alonso v Instituto Nacional de la Seguridad Social (INSS),
Tesorería General de la Seguridad Social (TGSS) (1)

(Social security of migrant workers — Articles 12 EC, 39 EC
and 42 EC — Articles 45 and 48(1) of Regulation (EEC) No
1408/71 — Old age and death — Unemployment —
Minimum periods of insurance — Periods of insurance taken
into account for calculating the amount of benefits but not
for acquiring the right to those benefits — Periods of unem-
ployment — Aggregation)

(2005/C 57/18)

(Fifth Chamber)

of 16 December 2004

in Case C-313/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 1999/63/EC — Failure to transpose within the prescribed
implementing
period — Failure

communicate

the

to

measures)

(2005/C 57/19)

(Language of the case: Spanish)

(Language of the case: Italian)

In Case 306/03: reference for a preliminary ruling under
Article 234 EC from the Juzgado de lo Social no 3 de Orense
(Spain), made by decision of 24 June 2003, received at the
Court on 16 July 2003, in the proceedings between Cristalina
Salgado Alonso and Instituto Nacional de la Seguridad Social
(INSS), Tesorería General de la Seguridad Social (TGSS) – the
Court (Second Chamber), composed of C.W.A. Timmermans,
President of the Chamber, R. Silva de Lapuerta, R. Schintgen
(Rapporteur), P. Kūris and G. Arestis, Judges; J. Kokott, Advo-
cate General; M. Múgica Arzamendi, Principal Administrator,
for the Registrar, has given a judgment on 20 January 2005, in
which it has ruled:

Articles 39 EC and 42 EC and Article 45 of Council Regulation
(EEC) No 1408/71 on the application of social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community, in the version amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, as amended by Council Regulation (EC) No 1606/98 of 29
June 1998, must be interpreted as not precluding a national provi-
sion, such as that set out in the 28th Additional Provision of the
General Social Security Law, which does not allow the competent
for the
authorities of a Member State to take into consideration,
purposes of acquiring the right to a retirement pension under the
national scheme, certain periods of insurance completed on the terri-
tory of that State by an unemployed worker during which contribu-
tions to old-age insurance were paid by the unemployment benefit
agency, such periods being taken into consideration solely for the
calculation of the amount of that pension.

(1) OJ C 226 of 20.09.2003.

In Case C-313/03, action for failure to fulfil obligations under
Article 226 EC brought on 23 July 2003 by Commission of
Jonczy) against
the European Communities (Agent: M.-J.
Italian Republic (Agent: I.M Braguglia, assisted by A. Cingolo),
the Court (Fifth Chamber), composed of R. Silva de Lapuerta,
President of Chamber, R. Schintgen (Rapporteur) and J.
Makarczyk, Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 16 December 2004, the
operative part of which is as follows:

1. By failing to adopt the laws, regulations and administrative provi-
sions necessary to comply with Council Directive 1999/63/EC
concerning the Agreement on the organisation of working time of
seafarers
concluded by the European Community Shipowners'
Association (ECSA) and the Federation of Transport Workers'
Unions in the European Union (FST) – Annex: European Agree-
ment on the organisation of working time of seafarers, or in any
event, by failing to communicate any such provisions
to the
Commission, the Italian Republic has failed to fulfil its obligations
under Article 3(1) of that directive;

2. The Italian Republic is ordered to pay the costs.

(1) OJ C 226 of 20.09.2003.