Case C-159/07: Action brought on 22 March 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-05-26
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, crew, maritime shipping, vocational training

C 117/18

EN

Official Journal of the European Union

26.5.2007

Reference for a preliminary ruling from the Centrale Raad
van Beroep lodged on 22 March 2007 — Jacqueline Förster
v IB-Groep

(Case C-158/07)

(2007/C 117/29)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: Jacqueline Förster

Defendant: IB-Groep

effect, persons

5. If, as is evident from a judgment of the Court of Justice with
retroactive
from
Article 12 EC more rights than was previously assumed, may
justified requirements connected therewith be imposed in
respect of periods in the past if those requirements were
published shortly after the publication of the judgment?

to derive

able

are

(1) Commission Regulation (EEC) No 1251/70 of 29 June 1970 on the
right of workers to remain in the territory of a Member State after
having been employed in that State (OJ, English Special Edition,
1970 (II), p. 402).

(2) Council Directive 93/96/EEC of 29 October 1993 on the right of

residence for students (OJ 1993 L 317, p. 59).

Action brought on 22 March 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-159/07)

(2007/C 117/30)

Language of the case: Portuguese

Questions referred

Parties

1. Does Article 7 of Regulation (EEC) No 1251/70 (1) also
apply to students who came to the Netherlands principally
to study and initially worked as employed persons on a
limited scale while continuing to study, but have meanwhile
ceased to work?

2. Does Directive 93/96 (2) preclude students as referred to in
Question 1 from successfully relying on Article 12 EC to
claim full study finance?

3.

(a) Does the rule that citizens of the Union who are not
economically active can rely on Article 12 EC only if
they have resided lawfully in the host Member State for a
certain period or are in possession of a residence permit
also apply to assistance to cover the maintenance costs
of students?

(b) If so,

is it permissible to impose during that period a
residence duration requirement only on nationals of
Member States other than the host Member State?

(c) If so, is the application of a five-year residence duration

requirement consistent with Article 12 EC?

(d) If not, what residence duration may be required?

4. Should a shorter period of lawful residence be required in
individual cases if factors other than the duration of resi-
dence indicate a substantial degree of integration into the
society of the host Member State?

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson and P. Andrade, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

— A declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2005/23/EC (1) of 8 March 2005
amending Directive 2001/25/EC of the European Parliament
and of the Council on the minimum level of training of
seafarers or, in any event, by failing to communicate them
to the Commission, the Portuguese Republic has failed to
fulfil its obligations under that directive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into
domestic law expired on 29 September 2005.

(1) OJ 2005 L 62, p. 14.