Case C-543/07: Judgment of the Court (Eighth Chamber) of 17 July 2008 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2002/73/EC — Equal treatment for men and women — Access to employment — Vocational training and promotion — Working conditions — Failure to transpose within the period prescribed)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, equal treatment, gender equality, job access, promotion, working conditions

C 223/18

EN

Official Journal of the European Union

30.8.2008

Judgment of the Court (Eighth Chamber) of 17 July 2008
— Commission of the European Communities v Kingdom
of Belgium

(Case C-543/07) (1)

(Failure of a Member State to fulfil
its obligations —
Directive 2002/73/EC — Equal treatment for men and women
— Access to employment — Vocational training and promo-
tion — Working conditions — Failure to transpose within the
period prescribed)

(2008/C 223/28)

Language of the case: Dutch

for

Judgment of the Court (Grand Chamber) of 17 July 2008
(reference
from the
preliminary
Oberlandesgericht Stuttgart — Germany) — Proceedings
concerning the execution of a European arrest warrant
issued against Szymon Kozłowski

ruling

a

(Case C-66/08) (1)

(Police and judicial cooperation in criminal matters — Frame-
work Decision 2002/584/JHA — European arrest warrant
and
surrender procedures between Member States —
Article 4(6) — Ground for optional non-execution of a Euro-
pean arrest warrant — Interpretation of the terms ‘resident’
and ‘staying’ in the executing Member State)

(2008/C 223/29)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, acting as Agent)

Referring court

Defendant: Kingdom of Belgium (represented by: D. Haven,
Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2002/73/EC of the European Parliament
and of the Council of 23 September 2002 amending Council
Directive 76/207/EEC on the implementation of the principle of
equal
for men and women as regards access to
employment, vocational training and promotion, and working
conditions (OJ 2002 L 296, p. 15).

treatment

Operative part of the judgment

The Court:

of

1. Declares that, by failing, within the period prescribed, to adopt the
laws, regulations and administrative provisions necessary to comply
with Directive 2002/73/EC of the European Parliament and of the
Council
Council
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 Kingdom of Belgium failed to fulfil its obligations under that
directive;

September

amending

2002

23

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 37, 9.2.2008.

Oberlandesgericht Stuttgart

Parties to the main proceedings

Szymon Kozłowski

Re:

Reference for a preliminary ruling — Oberlandesgericht Stutt-
gart — Interpretation of Article 4(6) of Council Framework
Decision 2002/584/JHA of 13 June 2002 on the European
arrest warrant and the surrender procedures between Member
States (OJ 2002 L 190, p. 1) — Possibility for the executing
judicial authority to refuse to execute a European arrest warrant
issued for the purpose of execution of a sentence of imprison-
ment in relation to a person staying or residing in the Member
State of execution — Concepts of ‘residence’ and ‘staying’ —
Interpretation of Article 6(1) EU in conjunction with
Articles 12 EC and 17 EC — National legislation which allows
requested persons to be treated differently by the executing judi-
cial authority, where they do not consent to their surrender,
depending whether they are a national of the Member State of
execution or of another Member State

Operative part of the judgment

Article 4(6) of Council Framework Decision 2002/584/JHA of
13 June 2002 on the European arrest warrant and the surrender
procedures between Member States, is to be interpreted to the effect
that:

— a requested person is ‘resident’

in the executing Member State
when he has established his actual place of residence there and he
is ‘staying’ there when, following a stable period of presence in that
State, he has acquired connections with that State which are of a
similar degree to those resulting from residence;