Case C-371/04: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of movement for workers — Post in the civil service — Failure to take account of professional experience and seniority gained in other Member States — Articles 10 EC and 39 EC — Article 7(1) of Regulation (EEC) No 1612/68)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, civil service, free movement of workers, professional experience, recruitment, seniority

30.12.2006

EN

Official Journal of the European Union

C 326/5

Operative part of the judgment

Operative part of the judgment

Examination of the first question has disclosed nothing capable of
affecting the validity of Council Regulation (EEC) No 1785/81 of 30
June 1981 on the common organisation of the markets in the sugar
sector, as amended by Council Regulation (EEC) No 305/91 of 4
February 1991, or of Commission Regulation (EEC) No 2670/81 of
14 September 1981 laying down detailed implementing rules in
respect of sugar production in excess of the quota, as amended by
Commission Regulation (EEC) No 3559/91 of 6 December 1991.

(1) OJ C 217, 28.08.2004.

The Court:

1. Declares that, by failing to take into account

the professional
experience and seniority gained in the exercise of a comparable
activity within the public administration of another Member State
by a Community worker employed in the Italian civil service, the
Italian Republic has failed to fulfil its obligations under Article 39
EC and Article 7(1) of Regulation (EEC) No 1612/68 of the
Council of 15 October 1968 on freedom of movement for workers
within the Community;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic to pay the costs.

Judgment of the Court (Second Chamber) of 26 October
the European Communities v
2006 — Commission of

(1) OJ C 273, 06.11.2004.

Italian Republic

(Case C-371/04) (1)

(Failure of a Member State to fulfil obligations — Freedom of
movement for workers — Post in the civil service — Failure to
take account of professional experience and seniority gained in
other Member States — Articles 10 EC and 39 EC — Article
7(1) of Regulation (EEC) No 1612/68)

Judgment of the Court (First Chamber) of 9 November
the European Communities v
2006 — Commission of

Kingdom of Belgium

(2006/C 326/10)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and A. Aresu, Agents)

Defendant:
Agent, and G. Albenzio, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

(Case C-433/04) (1)

(Failure of a Member State to fulfil obligations — Articles 49
EC and 50 EC — Freedom to provide services — Activities in
the construction sector — Prevention of tax fraud in the
construction sector — National legislation requiring the with-
holding of 15 % on payments to contracting partners not
registered in Belgium — National legislation imposing joint
and several liability for the tax debts of contracting partners
not registered in Belgium)

(2006/C 326/11)

Language of the case: French

Re:

Parties

Failure of a Member State to fulfil obligations — Articles 10 EC
and 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of movement for
workers within the Community (OJ, English Special Edition,
1968 (II) p. 475) — Employees of the Italian public service —
the professional experience and
Failure to take account of
seniority acquired in another Member State

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou, Agent)

Defendant: Kingdom of Belgium (represented by: E. Dominkovits,
Agent, and by B. van de Walle de Ghelcke, avocat,)