Case C-221/07: Judgment of the Court (Fourth Chamber) of 4 December 2008 (reference for a preliminary ruling from the Sozialgericht Stuttgart (Germany)) — Krystyna Zablocka-Weyhermüller v Land Baden-Württemberg (Benefits granted to surviving spouses of victims of war — Condition of residence on the national territory — Article 18(1) EC)
Date: 2008-12-04
Institutions: Court of Justice
Subjects: free movement of persons, interpretation of the law, social security, social-security benefit, war victim

24.1.2009

EN

Official Journal of the European Union

C 19/3

Parties to the main proceedings

Parties to the main proceedings

Applicant: Theologos-Grigorios Khatzithanasis

Applicant: Krystyna Zablocka-Weyhermüller

Defendants:
(Organismos Epangelmatikis Ekpaidefsis kai Katartisis)

Igeias kai Kinonikis Allilengiis, OEEK

Ipourgos

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Articles 149 and 150 EC and of Council Direc-
tive 92/51/EEC of 18 June 1992 on a second general system for
the recognition of professional education and training to supple-
ment Directive 89/48/EEC (OJ 1992 L 209, p. 25) — Failure to
recognise, in the host Member State, a vocational training quali-
fication conferring a right to pursue the profession of optician
in the Member State where that qualification was awarded —
Training received,
for the greater part, at an establishment
which lawfully operates in the host Member State, but which is
not recognised, under the legislation of that State, as an educa-
tional establishment

Defendant: Land Baden-Württemberg

Re:

Reference for a preliminary ruling — Sozialgericht Stuttgart —
Compatibility with Community law of national provisions
limiting the exportability of benefits for surviving spouses of
victims of war (Hinterbliebenenversorgung)

Operative part of the judgment

Article 18(1) EC is to be interpreted as precluding legislation of a
Member State under which the latter refuses to pay certain benefits
granted to surviving spouses of victims of war solely because they are
domiciled in the territory of certain specific Member States.

Operative part of the judgment

(1) OJ C 183, 4.8.2007.

Articles 1(a), 3 and 4 of Council Directive 92/51/EEC of 18 June
1992 on a second general system for the recognition of professional
education and training to supplement Directive 89/48/EEC, as
amended by Directive 2001/19/EC of the European Parliament and of
the Council of 14 May 2001, must be interpreted as meaning that
the competent authorities of a host Member State are required, under
Article 3 of that directive, subject to the application of Article 4 of
that directive, to recognise a diploma awarded by a competent authority
in another Member State even though that diploma attests to educa-
tion and training received, in whole or in part, at an establishment
located in the host Member State which, according to the legislation of
that State, is not recognised as an educational establishment.

(1) OJ C 117, 26.5.2007.

Judgment of the Court (Fourth Chamber) of 4 December
a preliminary ruling from the
2008 (reference
(Germany)) — Krystyna
Sozialgericht

for
Stuttgart

Zablocka-Weyhermüller v Land Baden-Württemberg

(Case C-221/07) (1)

(Benefits granted to surviving spouses of victims of war —
territory —
Condition of

on the national

residence

Article 18(1) EC)

(2009/C 19/04)

Language of the case: German

Referring court

Sozialgericht Stuttgart

Judgment of the Court (Fifth Chamber) of 4 December
the European Communities v
2008 — Commission of

United Kingdom of Great Britain and Northern Ireland

(Case C-247/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2003/35/EC — Drawing up of certain plans and programmes
relating to the environment — Public participation — Failure
to transpose within the prescribed period)

(2009/C 19/05)

Language of the case: English

Parties

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

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: V. Jackson, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2003/35/EC of the European Parliament
and of the Council of 26 May 2003 providing for public partici-
the drawing up of certain plans and
pation in respect of
programmes relating to the environment and amending with
regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC (OJ 2003 L 156, p. 17)