Case C-229/07: Order of the Court (Seventh Chamber) of 21 January 2008 (reference for a preliminary ruling from the Tribunal administratif de Paris (France)) — Diana Mayeur v Ministère de la Santé et des Solidarités (Article 104/3 of the Rules of Procedure — Article 23 of Directive 2004/38/EC of the European Parliament and of the Council — Freedom of establishment — Recognition of diplomas, qualifications and experience — Situation of a national of a non-Member State, the holder of a degree in medicine issued by that non-Member State and recognised by a Member State, wishing to obtain authorisation to practise her profession as a doctor in another Member State where she resides lawfully with her spouse, a national of the latter Member State)
Date: 2008-01-21
Institutions: Court of Justice
Subjects: foreign national, interpretation of the law, professional qualifications, recognition of diplomas, right of establishment

C 92/10

EN

Official Journal of the European Union

12.4.2008

Order of the Court (Seventh Chamber) of 16 January 2008
(reference for a preliminary ruling from the Commissione
Tributaria Provinciale di Latina (Italy)) — Angelo Molinari
Salvatore
(C-128/07), Giovanni Galeota
(C-131/07) v
Barbagallo (C-130/07), Michele Ciampi

(C-129/07),

Agenzia delle Entrate — Ufficio di Latina

(Joined Cases C-128/07 to C-131/07) (1)

(Directive 76/207/EEC — Equal
for men and
women — Redundancy payment — Tax advantage granted at
a different age according to the worker's gender)

treatment

without having to request or await its prior removal by the legisla-
ture, and apply to members of the disadvantaged category the same
arrangements as those enjoyed by the persons in the other category.

2. The derogation provided for in Article 7(1)(a) of Council Directive
79/7/EEC of 19 December 1978 on the progressive implementa-
tion of the principle of equal treatment for men and women in
matters of social security is not applicable to a tax measure such as
provided for in Article 17(4a) of Decree No 917 of the President
of the Republic of 22 December 1986, as amended by Legislative
Decree No 314 of 2 September 1997.

(2008/C 92/16)

(1) OJ C 117, 26.5.2007.

Language of the case: Italian

Referring court

Commissione Tributaria Provinciale di Latina

Parties

Applicants: Angelo Molinari,
(C-128/07), Giovanni Galeota
(C-129/07), Salvatore Barbagallo (C-130/07), Michele Ciampi
(C-131/07)

Defendant: Agenzia delle Entrate — Ufficio di Latina

Re:

Reference for a preliminary ruling — Commissione Tributaria
Provinicale di Latina — Interpretation of Council Directive
76/207/EEC of 9 February 1976 on the implementation of the
principle of equal treatment for men and women as regards
access to employment, vocational training and promotion, and
working conditions (OJ 1976 L 39, p. 40) and Council Directive
79/7/EEC on the progressive implementation of the principle of
equal
for men and women in matters of social
security (OJ 1979 L 6, p. 24) — Interpretation and scope of the
judgment in Case C-207/04 Vergani — Application of a reduced
rate of tax in respect of sums received by way of voluntary
redundancy incentive for workers who have reached a particular
age — Tax advantage granted to workers at different ages
according to their gender

treatment

Operative part of the order

1. Following the judgment in Case C-207/04 Vergani [2005] ECR
I-7453, in which national legislation was found to be incompatible
with Community law, it is for the authorities of the Member State
concerned to adopt the general or specific measures necessary to
ensure that Community law is complied with in their territory,
those authorities retaining the choice of measures to be taken to
ensure that national law is changed so as to comply with Com-
munity law and that the rights which individuals derive from Com-
munity law are given full effect. Where there has been found to be
discrimination contrary to Community law, for as long as measures
reinstating equal treatment have not been adopted, a national court
law,
set aside any discriminatory provision of national
must

Order of the Court (Seventh Chamber) of 21 January 2008
(reference for a preliminary ruling from the Tribunal
(France)) — Diana Mayeur v
administratif de Paris

Ministère de la Santé et des Solidarités

(Case C-229/07) (1)

(Article 104/3 of the Rules of Procedure — Article 23 of
Directive 2004/38/EC of the European Parliament and of the
Council — Freedom of establishment — Recognition of
diplomas, qualifications and experience — Situation of a
national of a non-Member State, the holder of a degree in
medicine issued by that non-Member State and recognised by
a Member State, wishing to obtain authorisation to practise
her profession as a doctor in another Member State where she
resides lawfully with her spouse, a national of the latter
Member State)

(2008/C 92/17)

Language of the case: French

Referring court

Tribunal administratif de Paris (France)

Parties to the main proceedings

Applicant: Diana Mayeur

Defendant: Ministère de la Santé et des Solidarités

Re:

Reference for a preliminary ruling — Tribunal administratif de
Paris (France) — Interpretation of Article 23 of Directive
2004/38/EC of the European Parliament and of the Council of
29 April 2004 on the rights of citizens of the Union and their
family members to move and reside freely within the territory

12.4.2008

EN

Official Journal of the European Union

C 92/11

of the Member States amending Regulation (EEC) No 1612/68
and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC
and 93/96/EEC (OJ 2004 L 158, p. 77, and — Corrigenda —
OJ 2004 L 229, p. 35, and OJ 2005 L 197, p. 34) — Mutual
recognition of diplomas and freedom of establishment — Obli-
gation to take account of all the diplomas, certificates and other
evidence of formal qualifications and of the relevant experience
of the person concerned — Situation of a national of a non-
Member State, the holder of a degree in medicine issued by that
non-Member State and recognised by a Member State, wishing
to obtain authorisation to practise her profession as a doctor in
another Member State where she resides lawfully with her
spouse, a Community national

Operative part of the order

of

the Member States

Article 23 of Directive 2004/38/EC of the European Parliament and
of the Council of 29 April 2004 on the rights of citizens of the
Union and their family members to move and reside freely within the
territory
amending Regulation (EEC)
No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC,
72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC does not preclude a Member State from
refusing to allow a national of a non-Member State, who is married to
a Community national who has not exercised his right to freedom of
movement, to rely on the Community rules relating to the mutual
recognition of diplomas and to the freedom of establishment, and does
not require the competent authorities of the Member State, from which
authorisation to practise a regulated profession is sought, to take into
consideration all the diplomas, certificates and other evidence of formal
qualifications, even if they were obtained outside the European Union
but if, at least, they have been recognised in another Member State,
and the relevant experience of the person concerned, by comparing the
specialised knowledge and abilities certified by those diplomas and that
experience with the knowledge and qualifications required by the
national rules.

(1) OJ C 155, 7.7.2007.

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden lodged on 9 January 2008 — Har Vaessen
Douane Service B.V. v Staatssecretaris van Financiën

(Case C-7/08)

(2008/C 92/18)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Har Vaessen Douane Service B.V. and Staatssecretaris van
Financiën

Questions referred

1. Is Article 27 of Regulation (EEC) No 918/83 of 28 March
1983 (1), as amended by Regulation (EEC) No 3357/91 of
7 November 1991 (2), to be interpreted as meaning that the
relief referred to in that Article may be claimed in respect of
consignments made up of goods which are individually of
negligible value but are dispatched as a grouped consignment
with a combined intrinsic value which exceeds the value
threshold in Article 27?

2. Should Article 27 of the regulation referred to be applied on
the basis that ‘dispatched direct from a third country to a
consignee in the Community’ also covers a situation in
which the goods are in a third country before being
dispatched to the consignee but the consignee's contractual
partner is established in the Community?

(1) Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a
Community system of reliefs from customs duty (OJ 1983 L 105,
p. 1).

(2) OJ 1991 L 318, p. 3.

Reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven (Netherlands)
lodged on
9 January 2008 — 1. T-Mobile Netherlands, 2. KPN
Mobile NV, 3. Raad van bestuur van de Nederlandse
NV,
Mededingingsautoriteit,

4. Orange

Nederland

Intervener: Vodafone Libertel BV

(Case C-8/08)

(2008/C 92/19)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicants:

1. T-Mobile Netherlands BV

2. KPN Mobile NV