Case C-346/05: Reference for a preliminary ruling from the Cour du travail de Liège by judgment of that court of  6 September 2005  in the case of Monique Chateignier v Office national de L'emploi (O.N.Em)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: EU national, equal treatment, foreign national, free movement of workers, interpretation of the law, labour law, traineeship, unemployment insurance

10.12.2005

EN

Official Journal of the European Union

C 315/9

Appeal brought on 19 September 2005 by le Front
National, M.F. Stirbois, B. Gollnisch, C. Lang, J.C. Martinez,
Ph. Claeys, K. Dillen and M. Borghezio against the judg-
ment delivered on 11 July 2005 by the Court of First
Instance of the European Communities (Second Chamber)
in Case T-17/04 between Le Front National and Others
and the European Parliament and the Counsel of the Euro-
pean Union

(Case C-338/05 P)

(2005/C 315/16)

(Language of the case: French)

Instance of

An appeal against the judgment delivered on 11 July 2005 by
the Court of First
the European Communities
(Second Chamber) in Case T-17/04 between Le Front National
and Others and the European Parliament and the Council of
the European Union was brought before the Court of Justice of
the European Communities on 19 September 2005 by Le Front
National and Others, represented by W. De Saint-Just, avocat.

The applicants claim that the Court should:

set aside, with all the legal consequences flowing therefrom, the
judgment under appeal dated 11 July 2005.

Pleas in law and main arguments

The appellants, le Front National, a political party, and Euro-
pean members of various national political groupings (Front
National, Lega Nord, Vlaams Blok) brought an application
before the Court of First Instance for the annulment of Regu-
lation (EC) No 2004/2003 of the European Parliament and of
the Council of 4 November 2003 on the regulations governing
political parties at European level and the rules regarding their
funding (1), in particular on the grounds that it is unlawful, it
infringes the principles of equality, transparency, political plur-
alism and subsidiarity and that there is a presumption of abuse
of process.

In the judgment under appeal of 11 July 2005, the Court of
First Instance decided, firstly (paragraph 48), that the Front
National
is directly affected by the contested regulation.
However, the Court of First Instance decided (paragraph 52)
that those appellants who are elected members of political
groupings are not
themselves directly concerned by the
contested regulation. It is, however, clear that those members,
who are elected representatives, can be distinguished by their
activities and involvement within their political parties from
‘any other citizen’. They therefore have grounds on which to
challenge a measure which would undermine the rights
pertaining to and the rules governing the political groupings of
which they are members. The Cour of First Instance decided,
however (paragraph 66), that the Front National is not indivi-
dually concerned by the contested regulation.

On this point, the Court of First Instance accepted the Euro-
pean Parliament's arguments that Article 4 of that regulation
was not intended to be immediately applicable and thus ‘there
is
flowing directly from Regulation
2004/2003 as regards the Front National’.

therefore no effect

Nevertheless, Article 13 of that regulation states that ‘Articles 4
to 10 shall apply from the date of the opening of the first
session held after the European Parliament elections of June
2004’. In view of the fact that the Front National submits a list
of candidates in all the major French regions for the European
elections and that there is no doubt that some of its candidates
will be elected in view of the fact that it is a body with a high
level of representation within France, it would not be an extra-
polation or ‘speculation’ to state that the Front National will
have representatives in the European Parliament. On this view,
it is directly concerned by the provisions of the regulation on
‘the regulations governing political parties at European level
and the rules regarding their funding’.

(1) (OJ 2003 L 297, p. 1).

Reference for a preliminary ruling from the Cour du
travail de Liège by judgment of that court of 6 September
2005 in the case of Monique Chateignier v Office national
de L'emploi (O.N.Em)

(Case C-346/05)

(2005/C 315/17)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Cour du travail de Liège
of 6 September 2005, received at the Court Registry on 22
September 2005, for a preliminary ruling in the proceedings
between Monique Chateignier and Office national de L'emploi,
(O.N.Em) on the following question:

Do Article 39(2) of the Treaty and Article 3(1) of Regulation
No 1408/71 which guarantee equal treatment for workers of
the Member States and the free movement of persons
(including workers), permit Article 67(3) of Regulation No
1408/71 (1) to be interpreted as imposing an obligation on a
worker who is a national of a Member State to complete a
period of employment giving the right to unemployment bene-
fits in the State of residence even where the internal law of that
State does not impose such an obligation in the case of a
foreign worker whether he is from a Member State or not?

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on
the application of social security schemes to employed persons and
their
families moving within the Community (English special
edition: Series I Chapter 1971(II) p. 416)