Judgment of the Court (First Chamber) of  15 September 2005  in Case C-258/04: Reference for a preliminary ruling from the Cour de travail de Liège in Office national de l'emploi v Ioannis Ioannidis (Job-seekers — European citizenship — Principle of non-discrimination — Article 39 EC — Tideover allowances for young people seeking their first employment — Grant conditional on completion of secondary education in the Member State concerned)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: Belgium, free movement of workers, interpretation of the law, migrant worker, recognition of studies, unemployment insurance

C 315/6

EN

Official Journal of the European Union

10.12.2005

— Article 11,

— Article 12(1)(d), as regards Gibraltar,

gues and E. Levits, Judges; L.A. Geelhoed, Advocate General, R.
Grass, Registrar, gave a judgment on 13 October 2005, the
operative part of which is as follows:

— Article 12(2),

— Article 12(4),

— Article 13(1),

— Article 14(2),

— Article 15,

— Article 16,

— the whole of Directive 92/43 beyond its territorial waters,

the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under that directive;

2. Dismisses the action as to the remainder;

3. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 59, 06.03.2004.

On a proper construction of Article 16(1)(a) of the Convention of 27
September 1968 on Jurisdiction and the Enforcement of Judgments in
Civil and Commercial Matters, as amended by the Convention of 9
October 1978 on the Accession of the Kingdom of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland, by
the Convention of 25 October 1982 on the Accession of the Hellenic
Republic and by the Convention of 26 May 1989 on the Accession
of the Kingdom of Spain and the Portuguese Republic, that Article
does not apply to a club membership contract which, in return for a
membership fee which represents the major part of the total price,
allows members to acquire a right
to use on a time-share basis
immoveable property of a specified type in a specified location and
provides for the affiliation of members to a service which enables them
to exchange their right of use.

(1) OJ C 106 of 30.04.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 15 September 2005

JUDGMENT OF THE COURT

(First Chamber)

of 13 October 2005

in Case C-73/04 (Reference for a preliminary ruling from
the Oberlandesgericht Hamm): Brigitte and Marcus Klein v
Rhodos Management Ltd (1)

(Brussels Convention — Jurisdiction in proceedings regarding
tenancies of immoveable property — Time-share in immove-
able property)

(2005/C 315/10)

(Language of the case: German)

in Case C-258/04: Reference for a preliminary ruling from
the Cour de travail de Liège in Office national de l'emploi
v Ioannis Ioannidis (1)

(Job-seekers — European citizenship — Principle of non-
discrimination — Article 39 EC — Tideover allowances for
young people seeking their first employment — Grant condi-
tional on completion of secondary education in the Member
State concerned)

(2005/C 315/11)

(Language of the case: French)

In Case C-73/04, reference for a preliminary ruling under the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on jurisdiction
and the enforcement of judgments in civil and commercial
matters,
from the Oberlandesgericht Hamm (Germany), by
Decision of 27 January 2004, received at the Court on 17
February 2004, in the proceedings pending before that court
between Brigitte and Marcus Klein and Rhodos Management
Ltd, the Court: (First Chamber) composed of P. Jann, President
of the Chamber, K. Schiemann, N. Colneric, J.N. Cunha Rodri-

In Case C-258/04: reference for a preliminary ruling under
Article 234 EC from the Cour de travail de Liège (Belgium),
made by decision of 7 June 2004, received at the Court on 17
June 2004, in the proceedings between Office national de l'em-
ploi and Ioannis Ioannidis — the Court
(First Chamber),
composed of P. Jann, President of the Chamber, N. Colneric,
Ilešič and E. Levits,
J.N. Cunha Rodrigues (Rapporteur), M.
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, gave a judgment on 15 September 2005, in which it
ruled:

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