CELEX: C2003/251/06
Language: en
Date: 2003-10-18 00:00:00
Title: Case C-293/03: Reference for a preliminary ruling by the Tribunal du Travail de Bruxelles by judgment of that Court of 20 May 2003 in the case of Gregorio MY against L'Office National des Pensions (O.N.P.)

18.10.2003            EN                          Official Journal of the European Union                                               C 251/3
Beroep voor het bedrijfsleven (Administrative Court for Trade                rights either from the national scheme to the European
and Industry) of 26 June 2003, received at the Court Registry                scheme or, conversely, from the European scheme to the
on 30 June 2003, for a preliminary ruling in the proceedings                 national scheme;
between Arch Timber Protection BV and College voor de
toelating van bestrijdingsmiddelen; party to these proceedings:
Stichting Behoud Leefmilieu en Natuur Maas en Waal on the               2.   in that by providing that the worker concerned must
following question:                                                          expressly waive the right to transfer from the Belgian
                                                                             scheme to the European scheme or by causing an
                                                                             administrative practice to that effect, without the afore-
Does the Substances Directive permit a Member State to lay                   mentioned comparison having been made, these provi-
down additional conditions for the placing on the market and                 sions mislead or could mislead the worker;
use of a biocidal product the active substance of which is
included in Annex I to the Substances Directive?
                                                                        3.   and in that these national provisions do not allow years of
                                                                             service as an official of the European Union to be taken
                                                                             into account for the purposes of the grant of an early
                                                                             national pension?
                                                                        (1) English special edition Series-I I Chapter 1968(II) p. 475.
Reference for a preliminary ruling by the Tribunal du
Travail de Bruxelles by judgment of that Court of
20 May 2003 in the case of Gregorio MY against
            L'Office National des Pensions (O.N.P.)
                        (Case C-293/03)                                 Reference for a preliminary ruling by the Bundesver-
                                                                        waltungsgerichts by order of that Court of 30 April
                                                                        2003 in the case of Federal Republic of Germany, repre-
                        (2003/C 251/06)                                 sented by the Bundesministerium für Wirtschaft und
                                                                        Technologie against ISIS Multimedia Net GmbH und Co.
                                                                            KG and Firma O2 (Germany) GmbH and Co. OHG
Reference has been made to the Court of Justice of the
European Communities by judgment of the Tribunal du
Travail de Bruxelles (Brussels Labour Court) of 20 May 2003,                             (Cases C-327/03 and C-328/03)
received at the Court Registry on 4 July 2003, for a prelimin-
ary ruling in the case of Gregorio MY against L'Office                                             (2003/C 251/07)
National des Pensions (O.N.P.) (National Pensions Office) on
the following questions:
                                                                        Reference has been made to the Court of Justice of the
Are national provisions, such as the Belgian Law of 21 May              European Communities by order of the Bundesverwaltungs-
1991 (establishing a certain relationship between the Belgian           gerichts (Federal Administrative Court) of 30 April 2003,
pension schemes and those of international public law bodies)           received at the Court Registry on 28 July 2003, for a preli-
and the second paragraph of Article 4 of the Belgian Royal              minary ruling in the case of Federal Republic of Germany,
Decree of 23 December 1996 (implementing Articles 15, 16                represented by the Bundesministerium für Wirtschaft und
and 17 of the Law of 26 July 1996 modernising social security           Technologie against ISIS Multimedia Net GmbH und Co. KG
and ensuring the viability of the statutory pension schemes), or        and Firma O2 (Germany) GmbH and Co. OHG on the follow-
Article 11 of Annex VIII to the Staff Regulations of Officials          ing questions:
of the European Communities, not contrary to Articles 2, 3,
17, 18, 39, 40, 42 and 283 of the EC Treaty and Article 7
of Regulation (EEC) No 1612/68 of 15 October 1968 on
freedom of movement for workers within the Community (1):               1.   Is Directive 97/13/EC (1) of the European Parliament and
                                                                             of the Council of 10 April 1997 on a common frame-
                                                                             work for general authorisations and individual licences in
1.   in that these national provisions and the Staff Regulations             the field of telecommunications services (OJ 1997 L 117,
     do not allow a citizen of the European Union, such as the               p. 15) to be interpreted as meaning that, in respect of the
     plaintiff, whose professional career has been carried out               allocation of telephone numbers by the national regula-
     first in an undertaking or in a national public service and             tory authority, a fee taking account of the economic value
     then in the European Union civil service, or vice versa, to             of the telephone numbers allocated may be imposed even
     compare the pension benefits which he would obtain                      though a telecommunications undertaking operating on
     under each scheme, be it national or European, through                  the same market and occupying a dominant position on it
     transfer of rights acquired under the other schemes, and                took over free of charge from its predecessor in law, the
     based on this comparison, to request transfer of these                  former State undertaking with a monopoly, a very large