Case C-23/08: Reference for a preliminary ruling from the Sozialgericht Nürnberg (Germany) lodged on 22 January 2008 — Josif Koupatantze v Arbeitsgemeinschaft (ARGE) Nürnberg 900
Date: 2008-01-22
Institutions: Court of Justice
Subjects: EU national, EU visa policy, foreign national, interpretation of the law, residence permit, social assistance

C 107/10

EN

Official Journal of the European Union

26.4.2008

Operative part of the judgment

The Court:

1. declares that, by not having adopted within the prescribed period,
all the laws, regulations and administrative provisions necessary to
comply with Directive 2002/73/EC of the European Parliament
the Council of 23 September 2002 amending Council
and of
Directive 76/207/EEC on the implementation of the principle of
equal treatment for men and women as regards access to employ-
ment, vocational training and promotion, and working conditions,
the Grand Duchy of Luxembourg has failed to fulfil its obligations
under the first paragraph of Article 2(1) of that directive.

2. orders the Grand Duchy of Luxembourg to pay the costs.

3. If

the answer to question 1 is in the affirmative, does
Article 12 EC preclude national
rules which exclude
nationals of Member States of the European Union even
the social assistance benefits which are
from receipt of
granted to illegal immigrants?

(1) OJ 2004 L 158, p. 77.

(1) OJ C 211, 8.9.2007.

Reference for a preliminary ruling from the Sozialgericht
Nürnberg (Germany) lodged on 22 January 2008 — Josif
Koupatantze v Arbeitsgemeinschaft (ARGE) Nürnberg 900

(Case C-23/08)

(2008/C 107/16)

Language of the case: German

Reference for a preliminary ruling from the Sozialgericht
lodged on 22 January 2008 —
Nürnberg (Germany)
(ARGE)
Athanasios Vatsouras v Arbeitsgemeinschaft

Nürnberg 900

(Case C-22/08)

(2008/C 107/15)

Referring court

Sozialgericht Nürnberg

Parties to the main proceedings

Language of the case: German

Applicant: Josif Koupatantze

Referring court

Sozialgericht Nürnberg

Parties to the main proceedings

Applicant: Athanasios Vatsouras

Defendant: Arbeitsgemeinschaft (ARGE) Nürnberg 900

Questions referred

1. Is Article 24(2) of Directive 2004/38 of

the European
Parliament and of the Council of 29 April 2004 (1) compa-
tible with Article 12 EC in conjunction with Article 39 EC?

2. If

the answer

to question 1 is

in the negative, does
Article 12 EC in conjunction with Article 39 EC preclude
national rules which exclude Union citizens from receipt of
residence
social assistance if
the
permitted under Article 6 of Directive 2004/38 of
European Parliament and of the Council of 29 April 2004
has been exceeded and there is no right of residence under
other provisions?

the maximum period of

Defendant: Arbeitsgemeinschaft (ARGE) Nürnberg 900

Questions referred

1. Is Article 24(2) of Directive 2004/38 of

the European
Parliament and of the Council of 29 April 2004 (1) compa-
tible with Article 12 EC in conjunction with Article 39 EC?

2. If

the answer

to question 1 is

in the negative, does
Article 12 EC in conjunction with Article 39 EC preclude
national rules which exclude Union citizens from receipt of
residence
social assistance if
permitted under Article 6 of Directive 2004/38 of
the
European Parliament and of the Council of 29 April 2004
has been exceeded and there is no right of residence under
other provisions?

the maximum period of

3. If

the answer to question 1 is in the affirmative, does
Article 12 EC preclude national
rules which exclude
nationals of Member States of the European Union even
from receipt of
the social assistance benefits which are
granted to illegal immigrants?

(1) OJ 2004 L 158, p. 77.