CELEX: C2000/233/44
Language: en
Date: 2000-08-12 00:00:00
Title: Case C-247/00: Action brought on 21 June 2000 by the Commission of the European Communities against the Portuguese Republic

12.8.2000              EN                   Official Journal of the European Communities                                      C 233/23
—     The Court of First Instance further failed to consider the       The applicant claims that the Court should:
      question as to where the appellant maintained his family
      residence during the relevant period.
                                                                       —      Declare that, by maintaining in force the provisions
                                                                              contained in Articles 78(2) and 120(1) of the Regulations
                                                                              on Port Authorities Registration, relating to the registra-
                                                                              tion of vessels and the right to fly the Portuguese
                                                                              flag, reserving that right to Portuguese nationals, the
                                                                              Portuguese Republic has failed to fulfil its obligations
                                                                              under Article 6 of the EC Treaty (now, after amendment,
Reference for a preliminary ruling by the High Court
                                                                              Article 12 EC) and Article 52 of the EC Treaty (now, after
of Justice (England & Wales), Queen’s Bench Division
                                                                              amendment, Article 43 EC);
(Divisional Court), by order of that court of 23 May 2000,
in the case of The Queen against Secretary of State for
   Trade and Industry, Ex parte: Trades Union Congress                 —      Order the Portuguese Republic to pay the costs.
                         (Case C-243/00)
                         (2000/C 233/43)                               Pleas in law and main arguments
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
                                                                       It is apparent from the wording of the abovementioned articles
Justice (England & Wales), Queen’s Bench Division (Divisional
                                                                       of the Regulamento Geral das Capitanias (General Regulation
Court) of 23 May 2000, which was received at the Court
                                                                       of the Port Authorities — RGC) that the right to fly the
Registry on 19 June 2000, for a preliminary ruling in the case
                                                                       Portuguese flag is granted only to vessels of Portuguese
of The Queen against Secretary of State for Trade and Industry,
                                                                       nationality, a conditio sine qua non for registration of those
Ex parte: Trades Union Congress, on the following question:
                                                                       same vessels. Although Article 4(1) of Decreto-Lei (decree-law)
                                                                       No 214/86 repeals ‘all statutory provisions which, directly or
‘Whether Directive 96/34/EC (1) (as extended to the United             indirectly, limit or condition the right of establishment on
Kingdom by Directive 97/75/EC) (2), and the Framework                  grounds of the nationality of the investor or undertaking
Agreement of 14 December 1995 to which it gave effect,                 concerned’, since that decree-law concerns the right of
required Member States to confer the right to parental leave in        establishment in general, it does not contain any provisions
relation to children under the specified age born or adopted           relating to the granting of the right to fly the national flag.
before the date on which the Directive was given effect in the         Furthermore, the Portuguese Republic itself acknowledges that
national law of Member States or only to children born or              the provisions of the RGC at issue is inadequate, so that it is to
adopted on or after that date.’                                        be suspended pending adoption of new legislation.
(1) Council Directive 96/34/EC of 3 June 1996 on the framework
    agreement on parental leave concluded by UNICE, CEEP and the
    ETUC (OJ L 145, 19.06.96, p. 4).
(2) OJ L 10, 16.01.98, p. 24.
Action brought on 21 June 2000 by the Commission                       Action brought on 22 June 2000 by the Commission of
of the European Communities against the Portuguese                      the European Communities against the French Republic
                              Republic
                         (Case C-247/00)                                                        (Case C-248/00)
                         (2000/C 233/44)
                                                                                                (2000/C 233/45)
An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 21 June
2000 by the Commission of the European Communities                     An action against the French Republic was brought before the
represented by Thomas Van Rijn, Legal Adviser, and Ana                 Court of Justice on 22 June 2000 by the Commission of the
Maria Alves, of its Legal Service, acting as Agents, with an           European Communities, represented by Gerard Berscheid, of
address for service in Luxembourg at the office of Carlos              its Legal Service, acting as Agent, with an address for service
Gómez de la Cruz, of its Legal Service, Wagner Centre,                in Luxembourg at the office of Carlos Gómez de la Cruz, of its
Kirchberg.                                                             Legal Service, Wagner Centre, Kirchberg.