Case C-291/05: Judgment of the Court (Grand Chamber) of 11 December 2007 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Vreemdelingenzaken en Integratie v R.N.G. Eind (Freedom of movement for persons — Workers — Right of residence for a family member who is a third-country national — Return of the worker to the Member State of which he is a national — Obligation for the worker's Member State of origin to grant a right of residence to the family member — Whether there is such an obligation where the worker does not carry on any effective and genuine activities)
Date: 2007-12-11
Institutions: Court of Justice
Subjects: family migration, foreign national, interpretation of the law, migrant worker, residence permit, rights of aliens

C 51/8

EN

Official Journal of the European Union

23.2.2008

— excluding, by means of Article 23 of Law No 179 of 31 July
2002 laying down provisions on environmental matters, from
the scope of the legislation on waste leftovers from the kitchen
preparation of all types of solid food, cooked and uncooked,
which have not entered the distribution system and are intended
for shelters for pet animals;

2) Orders the Italian Republic to pay the costs.

(1) OJ C 182, 23.7.2005.

Judgment of the Court (Third Chamber) of 18 December
the European Communities v
2007 — Commission of

Italian Republic

(Case C-263/05) (1)

Operative part of the judgment

The Court:

1) Declares that the Italian Republic has failed to fulfil its obligations
under Article 1(a) of Council Directive 75/442/EEC of 15 July
1975 on waste, as amended by Council Directive 91/156/EEC of
18 March 1991 and Commission Decision 96/350/EC of
24 May 1996, by adopting and maintaining in force Article 14
of Decree-Law No 138 of 8 July 2002 laying down urgent
measures concerning taxation, privatisation and control of pharma-
ceutical expenditure and economic support in disadvantaged areas,
now, after amendment, Law No 178 of 8 August 2002, which
excludes from the scope of Legislative Decree No 22 of 5 February
1997
waste,
91/689/EEC on hazardous waste and 94/62/EC on packaging
and packaging waste the following: (i) substances, objects or goods
intended for waste disposal or recovery operations not expressly
listed in Annexes B or C to Legislative Decree No 22/97; and
(ii) substances or objects forming production residue which the
holder intends or is required to discard, where they may be and are
re-used in a production or consumption cycle without undergoing
prior treatment and without harming the environment, or, if they
have undergone prior treatment, provided that that treatment is not
one of the recovery operations listed in Annex C to Legislative
Decree No 22/97;

implementing Directives

91/156/EEC

on

(Failure of a Member State to fulfil obligations — Environ-
ment — Directives 75/442/EEC and 91/156/EEC — Concept
of ‘waste’ — Substances or objects intended for disposal or
recovery operations — Production residues capable of re-use)

2) Orders the Italian Republic to pay the costs.

(1) OJ C 217, 3.9.2005.

(2008/C 51/13)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and L. Cimaglia, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent
and G. Fiengo, lawyer)

Judgment of the Court (Grand Chamber) of 11 December
2007 (Reference for
a preliminary ruling from the
Raad van State — Netherlands) — Minister voor
Vreemdelingenzaken en Integratie v R.N.G. Eind

(Case C-291/05) (1)

(Freedom of movement for persons — Workers — Right of
residence for a family member who is a third-country national
— Return of the worker to the Member State of which he is a
national — Obligation for the worker's Member State of
origin to grant a right of residence to the family member —
Whether there is such an obligation where the worker does not
carry on any effective and genuine activities)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 1(a) of Council Directive 75/442 of 15 July
1975 on waste (OJ 1975 L 194, p. 39), as amended by Council
Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32)
the directive
law excluding from the scope of
— National
certain substances or objects intended for disposal or recovery
operations and also certain production waste of which the
holder disposes or intends to dispose

Referring court

Raad van State

(2008/C 51/14)

Language of the case: Dutch

23.2.2008

EN

Official Journal of the European Union

C 51/9

Parties to the main proceedings

Applicant: Minister voor Vreemdelingenzaken en Integratie

Defendant: R.N.G. Eind

Re:

Reference for a preliminary ruling — Nederlandse Raad van
State — Interpretation of Article 10 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) and of Council Directive
90/364/EEC of 28 June 1990 on the right of residence (OJ 1990
L 180, p. 26) — Interpretation of Article 18 EC — Right of
residence of a family member who is a national of a non-
member country — Existence of such a right in the absence of
genuine and actual work on the part of the worker — Return of
the worker to his or her State of origin — No right of residence
in that State for the family member

Operative part of the judgment

1) In the event of a Community worker returning to the Member
State of which he is a national, Community law does not require
the authorities of that State to grant a right of entry and residence
to a third-country national who is a member of
that worker's
in the host Member State
family because of the mere fact that,
where that worker was gainfully employed,
third-country
issued on the basis of
national held a valid residence permit
Article 10 of Regulation (EEC) No 1612/68 of the Council of
15 October 1968 on freedom of movement for workers within the
Community,
(EEC)
by
as
No 2434/92 of 27 July 1992.

Council Regulation

amended

that

2) When a worker returns to the Member State of which he is a
national, after being gainfully employed in another Member State,
a third-country national who is a member of his family has a right
under Article 10(1)(a) of Regulation No 1612/68 as amended by
Regulation No 2434/92, which applies by analogy, to reside in
the Member State of which the worker is a national, even where
that worker does not carry on any effective and genuine economic
activities. The fact that a third-country national who is a member
of a Community worker's family did not, before residing in the
Member State where the worker was employed, have a right under
national law to reside in the Member State of which the worker is
a national has no bearing on the determination of that national's
right to reside in the latter State.

(1) OJ C 296, 26.11.2005.

Judgment of the Court (Grand Chamber) of 18 December
2007 (reference for
a preliminary ruling from the
Arbetsdomstolen — Sweden) — Laval un Partneri
Svenska
Ltd
Byggnadsarbetareförbundets avd. 1, Byggettan, Svenska
Elektrikerförbundet

Byggnadsarbetareförbundet,

Svenska

v

(Case C-341/05) (1)

(Freedom to provide services — Directive 96/71/EC —
Posting of workers in the construction industry — National
legislation laying down terms and conditions of employment
covering the matters referred to in Article 3(1), first sub-
paragraph, (a) to (g), save for minimum rates of pay —
Collective agreement for the building sector the terms of
which lay down more favourable conditions or relate to other
matters — Possibility for trade unions to attempt, by way of
collective action, to force undertakings established in other
Member States to negotiate on a case by case basis in order to
determine the rates of pay for workers and to sign the collec-
tive agreement for the building sector)

(2008/C 51/15)

Language of the case: Swedish

Referring court

Arbetsdomstolen

Parties to the main proceedings

Applicant: Laval un Partneri Ltd

Svenska

Defendants:
Svenska
Byggnadsarbetareförbundets avd. 1, Byggettan, Svenska Elektri-
kerförbundet

Byggnadsarbetareförbundet,

Re:

and of

Reference for a preliminary ruling — Arbetsdomstolen — Inter-
pretation of Articles 12 EC and 49 EC and of Articles 3(1); 3(7);
3(8); 3(10) and Article 4 of Directive 96/71/EC of the European
Parliament
the Council of 16 December 1996
concerning the posting of workers in the framework of the
provision of services (OJ 1997 L 18, p. 1) — Collective action
against a construction company which supplied paid workers in
a Member State other than that of its head office and which did
not enter into a collective agreement in that State.