Case C-357/06: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 30 August 2006 — Frigerio Luigi & C. S.n.c. v Comune di Triuggio
Date: 2006-11-18
Institutions: Court of Justice
Subjects: EU law - national law, award of contract, interpretation of the law, waste management, works contract

C 281/22

EN

Official Journal of the European Union

18.11.2006

Question(s) referred

Parties to the main proceedings

to self-employed persons

1. Is Article 13(2)(a) of Council Regulation (EEC) No
1408/71 (1) on the application of social security schemes to
employed persons,
and to
members of their families moving within the Community to
be interpreted restrictively, so as not to prevent entitlement
to child benefit of a mother bringing up children on her
own in the State or
(Federal Republic of
residence
Germany), who does not receive child benefit in the State of
employment (Kingdom of the Netherlands) because of the
age of the children?

2. If Question 1 is answered in the negative:

to be interpreted restrictively, so as not

Is Article 10 of Council Regulation (EEC) No 574/72 of 21
implementing Regulation (EEC) No
March 1972 for
1408/71 (2)
to
prevent entitlement to child benefit of a mother bringing up
children on her own in the State of residence (Federal
Republic of Germany), who does not receive child benefit in
the Netherlands)
the State of employment
because of the age of the children?

(Kingdom of

Applicants: Stefan Grunkin and Dorothee Regina Paul

Other parties to the proceedings: Leonhard Matthias Grunkin-Paul
and Standesamt Niebüll

Question referred

In light of the prohibition on discrimination set out in Article
12 of the EC Treaty and having regard to the right to the
freedom of movement for every citizen of the Union laid down
by Article 18 of the EC Treaty, is the provision on the conflict
of laws contained in Article 10 of the EGBGB valid, in so far as
it provides that the right to bear a name is governed by nation-
ality alone?

3. If the answer to Question 1 and Question 2 is in the nega-

tive:

Does a mother in employment, who brings up children on
her own, have a right to the application of the more favour-
able rules of her State of residence in relation to the
granting of child benefit arising directly from the EC Treaty
and/or from general legal principles?

4. Is it relevant to the answers to the above questions whether
the employee returns to the family residence at the end of
each working day?

(1) OJ L 149, p. 2.
(2) OJ L 74, p. 1.

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia (Italy) lodged
on 30 August 2006 — Frigerio Luigi & C. S.n.c. v Comune
di Triuggio

(Case C-357/06)

(2006/C 281/36)

Language of the case: Italian

Referring court

The Tribunale Amministrativo Regionale per la Lombardia

Reference for a preliminary ruling from the Amtsgericht
Flensburg (Germany) lodged on 28 August 2006 — in the
Registry Office case Stefan Grunkin and Dorothee Regina
Paul, other parties to the proceedings: Leonhard Matthias
Grunkin-Paul and Standesamt Niebüll

Parties to the main proceedings

Applicant: Frigerio Luigi & C. S.n.c.

Defendant: Comune di Triuggio

(Case C-353/06)

(2006/C 281/35)

Language of the case: German

Referring court

Amtsgericht Flensburg

Questions referred

1. Does Article 4(1) of Directive 2004/18/EC (1), or the analo-
gous Article 26(2) of Directive 92/50/EEC (2) (in the event
that the latter is regarded as the legislative point of refer-
ence), according to which candidates and tenderers who, on
the basis of the legislation of the Member State in which
they are established, are authorised to provide the service at
issue may not be rejected solely because, under the provi-
sions in force in the Member State in which the contract is
to be awarded, they would be required to be natural persons
lay down a fundamental principle of
or legal persons,

18.11.2006

EN

Official Journal of the European Union

C 281/23

Community law such as to override the formal limitation
laid down by Article 113(5) of Legislative Decree No
267/2000 and by Articles 2(6) and 15(1) of Regional
Lombardy Law No 26 of 12 December 2003, and is it
therefore capable of compelling compliance in such a way
as to allow persons not having the status of joint stock
companies to participate in tendering procedures?

2. In the event that the Court does not consider the above
rules to be the expression of a fundamental principle of
Community law, does Article 4(1) of Directive 2004/18/EC
or the analogous Article 26(2) of Directive 92/50 (in the
event that the latter is regarded as the legislative point of
reference) constitute, rather, an implicit corollary or a ‘deri-
vative principle’ of the principle of competition, viewed in
conjunction with those concerning administrative transpar-
ency and non-discrimination on grounds of nationality, and
does it therefore, as such, have immediate binding effect and
take precedence over any possibly conflicting domestic
provisions laid down by Member States to govern public
works contracts falling outside the scope of
the direct
applicability of Community law?

3. Are Article 113(5) of Legislative Decree No 267/2000 and
Articles 2(6) and 15(1) of the Regional Lombardy Law of 12
December 2003 compatible with the Community principles
set out in Article 39 (free movement of workers within the
Community), Article 43 (freedom of establishment), Articles
48 and 81 (agreements restricting competition) of
the
Treaty establishing the European Community, and therefore,
in the event of a conflict being identified, must the above-
mentioned national provisions be disapplied as conflicting
with Community provisions that have direct binding effect
and take precedence over domestic provisions?

4. Are Article 113(5) of Legislative Decree No 267/2000 and
Articles 2(6) and 15(1) of the Regional Lombardy Law of 12
December 2003 compatible with Article 9(1) of Directive
75/442/EEC or the analogous Article 7(2) of Directive
2006/12/EC of 5 April 2006 (in the event that the latter is
reference), which
regarded as
provide, respectively, that ‘any establishment or undertaking
which carries out the operations specified in Annex II A
must obtain a permit from the competent authority referred
to in Article 6.’ and ‘[t]he plans referred to in paragraph 1
may, for example, cover:
(a) the natural or legal persons
empowered to carry out waste management’?

the legislative point of

(1) OJ L 134, p. 114.
(2) OJ L 209, p. 1.

Action brought on 7 September 2006 — Commission of
the European Communities v Italian Republic

(Case C-365/06)

(2006/C 281/37)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and E. Montaguti, Agents)

Defendant: Italian Republic

Form of order sought

— Declare that:

— by restricting the activity of preparing and printing pay
slips
to employment consultants, or persons with
equivalent status, registered with the relevant profes-
sional associations;

— by laying down specific requirements concerning the
composition and establishment of data-processing
centres;

— by making registration with such professional associa-
tions subject to a requirement of residence in Italy,

the Italian Republic has failed to fulfil its obligations under
Articles 43 EC and 49 EC;

and that:

— by prohibiting any person from pursuing any activity as
employment consultant unless that person is registered
with a professional association in Italy,

the Italian Republic has failed to fulfil its obligations under
Article 49 EC;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

— Restricting the activity of preparing and printing pay slips
to employment consultants and other professional groups
set out exhaustively in the legislation constitutes a restric-
tion on freedom of establishment and freedom to provide
services guaranteed by Articles 43 EC and 49 EC. The activ-
ities provided by data-processing centres essentially consist
of simply carrying out instructions received from clients.
That entails entering data provided by the client onto par-
ticular computer software which has been programmed