Case C-204/05: Action brought on 10 May 2005 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2005-07-09
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, distributive trades, medical device, supply

9.7.2005

EN

Official Journal of the European Union

C 171/9

Action brought on 10 May 2005 by the Commission of
the Kingdom of
the European Communities against

Belgium

Reference for a preliminary ruling from the Sozialgericht
Berlin by order of that court of 11 April 2005 in ITC Inno-
vative Technology Center GmbH v Bundesagentur für
Arbeit

(Case C-204/05)

(2005/C 171/16)

(Language of the case: French)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 10 May
2005 by the Commission of the European Communities, repre-
sented by B. Stromsky and F. Simonetti, acting as Agents, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that; the Kingdom of Belgium has failed to fulfil its
obligations under Articles 28 and 30 of the EC Treaty, by
requiring Class 1 distributors of medical equipment, estab-
lished in other States of the Community, to be approved in
Belgium and, by requiring doctors, psychologists, parame-
dical staff and social workers, in so far as they are attached
to a specialist centre, to obtain supplies of sterile material
from pharmacists, distributors, wholesaler trader, importers
and manufacturers approved by the Belgian Ministry of
Public Health;

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

Pleas in law and main arguments

The Commission challenges the legislation in force in Belgium,
which requires distributors to be approved where they wish to
sell sterile material bearing the EC marking to doctors, nurses,
psychologists, paramedical staff or social workers. That obliga-
tion is imposed indiscriminately on distributors established in
Belgium or in another Member State. However, it impedes the
sale of medical equipment to that specific public by distributors
established outside Belgium.

(Case C-208/05)

(2005/C 171/17)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Sozialgericht Berlin
(Germany) of 11 April 2005, received at the Court Registry on
12 May 2005, for a preliminary ruling in the proceedings
between ITC Innovative Technology Center GmbH and Bunde-
sagentur für Arbeit on the following questions:

1. To what extent are rules of Community law protecting
freedom of movement, particularly Articles 18 EC and 39
EC and Articles 3 and 7 of Regulation (EEC) No 1612/68, (1)
infringed by an interpretation of the second sentence of
paragraph 421(g)(1) of Book III of the Sozialgesetzbuch-
Arbeitsförderung (Social Law Code provisions on the
promotion of employment)
that
employment covered by compulsory social security means
only employment that comes within the scope of applica-
tion of the Sozialgesetzbuch?

to the effect

('SGB III')

2. a) To what extent is it possible and necessary to interpret
the provision in conformity with European law so as to
avoid an infringement as described in Question 1?

b) If an interpretation in conformity with Community law
should not be possible or necessary, to what extent does
the second sentence of paragraph 421(g)(1) of SGB III
infringe rules of Community law protecting freedom of
movement?