Case C-190/08: Action brought on 7 May 2008 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2008-05-07
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, foreign national, national implementing measure, right of asylum, stateless person

C 171/26

EN

Official Journal of the European Union

5.7.2008

corresponding to the qualification, purely on the ground
that, although it was awarded by an authority in the Member
State of origin,
it was awarded at the end of a course of
which part was completed, under a franchising agreement, at
an institution in the host Member State which, although
operating freely in the host Member State, is not recognised
as an educational establishment in that State under the rele-
vant general provision of its legislation?

2. Is it open to the competent authorities, for the purposes of
the provisions of Directive 89/48/ΕEC, as transposed into
Greek law by Joint Ministerial Decision No Α4/4112/247/
1992, interpreted in the light of Article 39(1), the first para-
graph of Article 40, Articles 43, 47(1), 49 and 55 of the
Treaty establishing the European Community,
to prevent
nationals of a Member State employed by a legal person
governed by public law, under a contract of employment of
unlimited duration governed by private law, who have been
granted a professional licence in accordance with the provi-
sions of Directive 89/48/ΕEC, as transposed into Greek law
by Joint Ministerial Decision No Α4/4112/247/1992, from
exercising professional rights which derive from the profes-
the academic
sional
equivalence of their educational qualification has not been
recognised?

licence issued, on the ground that

Article 40, Articles 43, 47(1), 49 and 55 of the Treaty estab-
lishing the European Community, to prevent a national of a
Member State, the holder of a diploma falling within the scope
of Directive 89/48/EEC, who is employed by a legal person
governed by public law, under a contract of employment of
unlimited duration governed by private law, and who has been
granted a licence by the competent authorities of the original
Member State to use a professional title and by the competent
authorities of the host Member State to practice the profession,
in accordance with the provisions of Directive 89/48/ΕEC, as
transposed into Greek law by Joint Ministerial Decision
No Α4/4112/247/1992, from progressing in career and salary
by way of a permanent appointment in a fixed post as a civil
servant in the university-education level grade and salary scale,
on the ground that recognition of the academic equivalence of
the university educational qualification from the original
Member State is not possible, since part of the studies were
completed in the host Member State under a franchising agree-
ment with a private educational organisation which is not recog-
nised in that Member State as an educational establishment?

Action brought on 7 May 2008 — Commission of the
European Communities v Kingdom of the Netherlands

Reference for a preliminary ruling from the Administrative
Court of Appeal, Thessaloniki (Greece) lodged on 28 April
2008 — Maria Kastrinaki v A.KH.E.P.A. University
Hospital, Thessaloniki

(Case C-186/08)

(2008/C 171/39)

Language of the case: Greek

Parties

(Case C-190/08)

(2008/C 171/40)

Language of the case: Dutch

Referring court

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, acting as
Agents)

Administrative Court of Appeal, Thessaloniki

Defendant: Kingdom of the Netherlands

Parties to the main proceedings

Applicant: Maria Kastrinaki

Defendant: A.KH.E.P.A. University Hospital, Thessaloniki

Question referred

Is it open to the competent authorities, for the purposes of the
provisions of Directive 89/48/ΕEC, as transposed into Greek law
by Joint Ministerial Decision No Α4/4112/247/1992,
inter-
the first paragraph of
preted in the light of Article 39(1),

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted, or in any event by not communi-
cating such measures to the Commission, the Kingdom of
the Netherlands has failed to fulfil its obligations under that
directive;

— order the Kingdom of the Netherlands to pay the costs.

5.7.2008

EN

Official Journal of the European Union

C 171/27

Pleas in law and main arguments

The period prescribed for transposing the directive into national
law expired on 10 October 2006.

Reference for a preliminary ruling from the Lietuvos
Aukščiausiasis Teismas (Republic of Lithuania) lodged on
14 May 2008 — Inga Rinau

(1) OJ 2004 L 304, p. 12.

(Case C-195/08)

(2008/C 171/42)

Language of the case: Lithuanian

Action brought on 7 May 2008 — Commission of the
European Communities v Portuguese Republic

Referring court

Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania)

(Case C-191/08)

(2008/C 171/41)

Language of the case: Portuguese

Parties to the main proceedings

Appellant: Inga Rinau

Third party: Michael Rinau

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A. Caeiros, agents, acting as
Agents)

Questions referred

Defendant: Portuguese Republic

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted, the Portuguese Republic has failed to
fulfil
its obligations under Article 38(1) of Directive
2004/83/EC;

— in the alternative, declare that, by failing, in any event, to
inform the Commission of the adoption of such measures,
the Portuguese Republic has failed to fulfil
its obligations
under Article 38(1) of Directive 2004/83/EC;

— order Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/83/EC
into national law expired on 10 October 2006.

(1) OJ 2004 L 304, p. 12.

1. Can an interested party within the meaning of Article 21 of
Council Regulation (EC) No 2201/2003 (1) apply for non-
recognition of a judicial decision if no application has been
submitted for recognition of that decision?

2. If the answer to Question 1 is in the affirmative: how is a
national court, when examining an application for non-
recognition of a decision brought by a person against whom
that decision is to be enforced, to apply Article 31(1) of
Regulation No 2201/2003, which states that ‘… Neither the
person against whom enforcement is sought, nor the child
shall, at this stage of the proceedings, be entitled to make
any submissions on the application’?

3. Is the national court which has received an application by
the holder of parental responsibility for non-recognition of
that part of the decision of the court of the Member State of
origin requiring that that holder return to the State of origin
the child staying with that holder, and in respect of which
the certificate provided for
in Article 42 of Regulation
No 2201/2003 has been issued, required to examine that
application on the basis of
the provisions contained in
Sections 1 and 2 of Chapter III of Regulation No 2201/2003,
as provided for in Article 40(2) of that regulation?

4. What meaning is to be attached to the condition laid down
in Article 21(3) of Regulation No 2201/2003 (‘Without
prejudice to Section 4 of this Chapter’)?

5. Do the adoption of a decision that the child be returned and
the issue of a certificate under Article 42 of Regulation
No 2201/2003 in the court of the Member State of origin,
after a court of the Member State in which the child is being
unlawfully kept has taken a decision that
the child be
returned to his or her State of origin, comply with the objec-
tives of and procedures under Regulation No 2201/2003?