Judgment of the Court (Fourth Chamber) of  20 October 2005  in Case C-70/05: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2000/78/EC — Equal treatment in employment and occupation — Failure to transpose within the prescribed period)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, anti-discriminatory measure, employment policy, equal treatment

10.12.2005

EN

Official Journal of the European Union

C 315/7

It is contrary to Article 39 EC for a Member State to refuse to grant
a tideover allowance to a national of another Member State seeking
his first employment, who is not the dependent child of a migrant
worker residing in the Member State granting the allowance, on the
sole ground that he completed his secondary education in another
Member State.

dental practitioner, veterinary surgeon, midwife, architect, pharma-
the United Kingdom of Great Britain and
cist and doctor,
Northern Ireland has failed to fulfil
its obligations under that
directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 201 of 07.08.2004.

(1) OJ C 31, 05.02.2005.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 October 2005

JUDGMENT OF THE COURT

(Fourth Chamber)

of 20 October 2005

in Case C-505/04: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

in Case C-70/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Directive
2001/19/EC — Mutual recognition of diplomas, certificates
and other qualifications — Nurse, dental practitioner, veter-
inary surgeon, midwife, architect, pharmacist and doctor —
to transpose within the period prescribed —
Failure

Gibraltar)

(2005/C 315/12)

(Language of the case: English)

In Case C-505/04, Commission of the European Communities
(Agent: H. Støvlbæk) v United Kingdom of Great Britain and
Northern Ireland (Agent: S. Nwaokolo) — action under Article
226 EC for failure to fulfil obligations, brought on 8 December
2004 — the Court (Sixth Chamber), composed of J.-P. Puisso-
chet, acting for the President of the Sixth Chamber, President of
the Chamber, S. von Bahr and A. Borg Barthet (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has
given a judgment on 20 October 2005, in which it:

1. Declares that, by failing to adopt, so far as Gibraltar is concerned,
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/19/EC of the European Parliament
and of the Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the recog-
nition of professional qualifications and Council Directives
78/687/EEC,
77/452/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general care,

78/686/EEC,

77/453/EEC,

(Failure of a Member State to fulfil obligations — Directive
2000/78/EC — Equal treatment in employment and occupa-
tion — Failure to transpose within the prescribed period)

(2005/C 315/13)

(Language of the case: French)

In Case C-70/05 Commission of the European Communities
(Agent: D. Martin) v Grand Duchy of Luxembourg (Agent: S.
Schreiner) — action under Article 226 EC for failure to fulfil
obligations — the Court (Fourth Chamber), composed of N.
Colneric (Rapporteur), acting as President of the Chamber, K.
Lenaerts and E.
Judges; L. A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 20
October 2005, in which it:

Juhász,

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Council Direc-
tive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 82 of 02.04.2005