Judgment of the Court (Fifth Chamber) of 20 January 2005 in Case C-198/04: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas — Regulated professions — Tour guide)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, recognition of diplomas, tourist profession

5.3.2005

EN

Official Journal of the European Union

C 57/13

JUDGMENT OF THE COURT

(Fourth Chamber)

of 20 January 2005

2. Article 45(6) of Regulation No 1408/71, as amended and
updated by Regulation No 118/97, as amended by Regulation
No 1606/98, must be interpreted as meaning that the competent
institution of the Member State of residence is to take account, for
the purposes of the grant of a benefit such as that in question in
the main proceedings, of a period of full unemployment during
which the formerly employed person received benefits under Article
71(1)(a)(ii) of that regulation, as if the legislation administered by
that institution applied to that worker during his last employment.

(1) OJ C 94, 17.04.2004.

in Case C-101/04 (Reference for a preliminary ruling from
the Arbeidsrechtbank Gent (Belgium)): Roger Noteboom v
Rijksdienst voor Pensioenen (1)

(Social security for migrant workers — Regulation (EEC) No
1408/71 — Old-age benefits — ‘Holiday pay’ given to
persons entitled to a retirement pension — Unemployed fron-
tier worker receiving benefit of a pension scheme)

(2005/C 57/24)

(Language of the case: Dutch)

In Case C-101/04: Reference for a preliminary ruling under
Article 234 EC from the Arbeidsrechtbank Gent (Belgium),
made by decision of 17 February 2004, received at the Court
on 26 February 2004,
in the proceedings between Roger
Noteboom and Rijksdienst voor Pensioenen – the Court
(Fourth Chamber), composed of N. Colneric (Rapporteur),
acting for the President of the Fourth Chamber, J.N. Cunha
Rodrigues and E. Levits,
Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, gave a judgment on 20 January
2005, in which it ruled:

1. A benefit such as the holiday pay referred to in Article 22 of
Royal Decree No 50 of 24 October 1967 concerning retirement
and survivor's pensions for employed persons, as amended by the
Law of 30 March 1994, and in Article 56 of the Royal Decree
of 21 December 1967 concerning general rules for the scheme of
retirement and survivor's pensions
employed persons, as
amended by the Royal Decree of 27 January 1998 and by the
Royal Decree of 4 March 2002, constitutes an old-age benefit
within the meaning of Article 4(1)(c) of Council Regulation (EEC)
No 1408/71 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 (EC) No 118/97
of 2 December 1996, as amended by Council Regulation (EC) No
1606/98 of 29 June 1998.

for

JUDGMENT OF THE COURT

(Fifth Chamber)

of 20 January 2005

in Case C-198/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directives
89/48/EEC and 92/51/EEC — Recognition of diplomas —
Regulated professions — Tour guide)

(2005/C 57/25)

(Language of the case: French)

In Case C-198/04: Commission of the European Communities
(Agents: M. Patakia and H. Stovlbaek) v French Republic
(Agents: G. de Bergues, C.
Isidoro and O. Christmann) –
ACTION under Article 226 EC for failure to fulfil obligations,
brought on 4 May 2004 – the Court
(Fifth Chamber),
composed of: R. Silva de Lapuerta, President of Chamber, J.
Makarczyk and P. Kūris (Rapporteur), Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, gave a judg-
ment on 20 January 2005, in which it:

C 57/14

EN

Official Journal of the European Union

5.3.2005

system for

1. Declares that, by failing to take all the measures necessary to
comply with Council Directive 89/48/EEC of 21 December 1988
on a general
the recognition of higher-education
diplomas awarded on completion of professional education and
training of at least three years' duration and, by failing to adopt
all the laws, regulations and administrative measures necessary to
comply with Council Directive 92/51/EEC of 18 June 1992 on a
second general system for the recognition of professional education
and training to supplement Directive 89/48, as regards tour
guides,
its obligations
under those directives;

the French Republic has failed to fulfil

2. Orders the French Republic to pay the costs.

(1) OJ C 168, 26.06.2004.

a

for

Reference
from the
preliminary
Finanzgericht Düsseldorf by order of that court of 29
November 2004 in the case of Proxxon GmbH against
Oberfinanzdirektion Köln

ruling

(Case C-500/04)

(2005/C 57/26)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Düsseldorf
(Finance Court, Dusseldorf) (Germany) of 29 November 2004
received at the Court Registry on 2 December 2004, for a preli-
minary ruling in the case of Proxxon GmbH against Oberfi-
nanzdirektion Köln on the following questions:

1. Do separately imported screwdriver bits with square drive
for slotted-head, cross-head, TX (internal Torx) and hexagon
socket head screws, of the type described in more detail in
the order, fall within heading 8204?

2. Do separately imported parts of the square system described
in more detail in the order, which are not in direct contact
with the fastener (nut, screw) during use, fall within heading
8204?

3. Do separately

square-system torque meter
wrenches of the type described in more detail in the order
fall within heading 8204?

imported

Reference for a preliminary ruling from the Verwaltungs-
gericht Schwerin by order of that court of 9 January 2004
in the case of Agrarproduktion Staebelow GmbH against
Landrat des Landkreises Bad Doberan

(Case C-504/04)

(2005/C 57/27)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Verwaltungsgericht
Schwerin (Germany) of 9 January 2004 received at the Court
Registry on 8 December 2004, for a preliminary ruling in the
case of Agrarproduktion Staebelow GmbH against Landrat des
Landkreises Bad Doberan on the following question:

Is Article 13(1)(c) in conjunction with Annex VII(2)(a) and the
third indent of Annex VII(1)(a) of Regulation (EC) No
999/2001 of the European Parliament and of the Council of 22
May 2001 (1) laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopa-
thies as amended by Article 3(1) of and Annex II to Regulation
(EC) no 1326/2001 (2) invalid because the measure infringes
the principle of proportionality?

(1) OJ L 147, p. 1.
(2) OJ L 177, p. 60.

Reference for a preliminary ruling by the Rechtbank
Eerste Aanleg te Gent by decision of that court of 15
December 2004 in the case of Kerckhaert-Morres v
Belgische Staat

(Case C-513/04)

(2005/C 57/28)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Rechtbank Eerste Aanleg te
Gent (Court of first instance, Ghent) – Sixth Chamber (Nether-
lands) of 1 December 2004 received at the Court Registry on
15 December 2004, for a preliminary ruling in the proceedings
between Kerckhaert-Morres
and Belgische Staat, on the
following question: