CELEX: C2001/348/14
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court (First Chamber) of 25 October 2001 in Case C-189/00 (reference for a preliminary ruling from the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für Arbeit (Regulation (EEC) No 1408/71 — Nationals of non-member countries — Members of a worker's family — Rights acquired directly and rights derived through others — Unemployment benefit)

C 348/8                   EN                    Official Journal of the European Communities                                          8.12.2001
1.    Declares that, by failing to adopt, within the prescribed period,          to comply with Commission Directive 97/65/EC of 26 Novem-
      all the laws, regulations and administrative provisions necessary          ber 1997 adapting, for the third time, to technical progress
      to comply with Commission Directive 97/59/EC of 7 October                  Council Directive 90/679/EEC on the protection of workers
      1997 adapting to technical progress Council Directive                      from risks related to exposure to biological agents at work, the
      90/679/EEC on the protection of workers from risks related to              Republic of Austria has failed to fulfil its obligations under
      exposure to biological agents at work (seventh individual                  Article 2(1) of that Directive;
      Directive within the meaning of Article 16(1) of Directive
      89/391/EEC), the Republic of Austria has failed to fulfil its        2.    Orders the Republic of Austria to pay the costs.
      obligations under Article 2(1) of that Directive;
2.    Orders the Republic of Austria to pay the costs.                     (1) OJ C 163 of 10.6.2000.
(1) OJ C 163 of 10.6.2000.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                      (First Chamber)
                          (Fourth Chamber)
                                                                                                   of 25 October 2001
                         of 11 October 2001
                                                                           in Case C-189/00 (reference for a preliminary ruling from
In Case C-111/00: Commission of the European Com-                          the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für
                munities v Republic of Austria (1)                                                        Arbeit (1)
(Failure by a Member State to fulfil its obligations —                     (Regulation (EEC) No 1408/71 — Nationals of non-member
                         Directive 97/65/EC)                               countries — Members of a worker’s family — Rights
                                                                           acquired directly and rights derived through others —
                                                                                                 Unemployment benefit)
                            (2001/C 348/13)
                                                                                                      (2001/C 348/14)
                    (Language of the case: German)
                                                                                              (Language of the case: German)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
In Case C-111/00: Commission of the European Communities
(Agents: N. Yerrell and C. Ladenburger) v Republic of Austria
(Agent: C. Pesendorfer) — application for a declaration that,
                                                                           In Case C-189/00: reference to the Court under Article 177 of
by failing to adopt and/or notify to the Commission the laws,
                                                                           the EC Treaty (now Article 234 EC) from the Sozialgericht
regulations and administrative provisions necessary to comply
                                                                           (Social Court) Trier (Germany) for a preliminary ruling in the
with Commission Directive 97/65/EC of 26 November 1997
                                                                           proceedings pending before that court between Urszula Ruhr
adapting, for the third time, to technical progress Council
                                                                           v Bundesanstalt für Arbeit — on the interpretation of
Directive 90/679/EEC on the protection of workers from risks
                                                                           Article 2(1) of Regulation (EEC) No 1408/71 of the Council of
related to exposure to biological agents at work, (OJ 1997
                                                                           14 June 1971 on the application of social security schemes to
L 335, p. 17), the Republic of Austria has failed to fulfil its
                                                                           employed persons, to self-employed persons and to members
obligations under Article 2(1) of that Directive — the Court
                                                                           of their families moving within the Community, in the version
(Fourth Chamber), composed of: S. von Bahr, President of the
                                                                           amended and updated by Council Regulation (EC) No 118/97
Chamber, A. La Pergola (Rapporteur) and C.W.A. Timmer-
                                                                           of 2 December 1996 (OJ 1997 L 28, p. 1), as amended by
mans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
                                                                           Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ
Registrar, has given a judgment on 11 October 2001, in which
                                                                           1999 L 38, p. 1) — the Court (First Chamber), composed of:
it:
                                                                           P. Jann, President of the Chamber, L. Sevón and M. Wathelet
                                                                           (Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
1.    Declares that, by failing to adopt, within the prescribed period,    Registrar, has given a judgment on 25 October 2001, in which
      all the laws, regulations and administrative provisions necessary    it has ruled:
 ---pagebreak--- 8.12.2001                EN                     Official Journal of the European Communities                                             C 348/9
The interpretation given by the Court of Justice in Case 40/76             Article 68(2) of Council Regulation (EEC) No 1408/71 of 14 June
Kermaschek continues to hold good in relation to Article 2(1), in          1971 on the application of social security schemes to employed
conjunction with Articles 67 to 71a, of Regulation (EEC)                   persons, to self-employed persons and to members of their families
No 1408/71 of the Council of 14 June 1971 on the application of            moving within the Community, as amended and updated by Council
social security schemes to employed persons, to self-employed persons      Regulation (EC) No 118/97 of 2 December 1996, read in
and to members of their families moving within the Community, in           conjunction with Article 1(f)(i) thereof, precludes national rules, such
the version amended and updated by Council Regulation (EC)                 as those at issue in the main proceedings, under which receipt of a
No 118/97 of 2 December 1996, as amended by Council Regulation             higher rate of unemployment benefit is conditional on the unemployed
(EC) No 307/1999 of 8 February 1999.                                       person living together with the members of his family in the territory
                                                                           of the competent Member State.
(1) OJ C 233 of 12.8.2000.
                                                                           (1) OJ C 211 of 22.7.2000.
                  JUDGMENT OF THE COURT
                                                                                             JUDGMENT OF THE COURT
                          (Third Chamber)
                                                                                                      (Fifth Chamber)
                        of 16 October 2001
                                                                                                   of 25 October 2001
in Case C-212/00 (reference for a preliminary ruling from
the Tribunal du travail de Mons): Salvatore Stallone v
             Office national de l’emploi (ONEM) (1)                        in Case C-460/00: Commission of the European Communi-
                                                                                               ties v Hellenic Republic (1)
(Social security for migrant workers — Regulation (EEC)
No 1408/71 — Unemployment benefit — Condition of                           (Failure by a Member State to fulfil its obligations —
  living together with the dependent members of the family)                Directive 96/48/EC — Interoperability of the trans-Euro-
                                                                                              pean high-speed rail system)
                           (2001/C 348/15)
                                                                                                      (2001/C 348/16)
                     (Language of the case: French)
                                                                                                (Language of the case: Greek)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
In Case C-212/00: reference to the Court under Article 234
EC from the Tribunal du travail de Mons (Labour Court, Mons)
(Belgium) for a preliminary ruling in the proceedings pending              In Case C-460/00: Commission of the European Communities
before that court between Salvatore Stallone and Office                    (Agents: M. Wolfcarius and M. Patakia) v Hellenic Republic
national de l’emploi (ONEM) — on the interpretation of                     (Agents: N. Dafniou and S. Chala) — application for a
Articles 1(f)(i) and 68(2) of Council Regulation (EEC)                     declaration that, by not adopting the laws, regulations and
No 1408/71 of 14 June 1971 on the application of social                    administrative provisions necessary to comply fully with
security schemes to employed persons, to self-employed                     Council Directive 96/48/EC of 23 July 1996 on the interop-
persons and to members of their families moving within the                 erability of the trans-European high-speed rail system (OJ
Community, as amended and updated by Council Regulation                    1996 L 235, p. 6), or, alternatively, by not communicating
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1)                     them to the Commission, within the prescribed period, the
— the Court (Third Chamber), composed of: C. Gulmann                       Hellenic Republic has failed to fulfil its obligations under the
(Rapporteur), acting for the President of the Third Chamber,               EC Treaty — the Court (Fifth Chamber), composed of: A. La
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; A. Tizzano,             Pergola, President of the Chamber, D.A.O. Edward, L. Sevón
Advocate General; D. Louterman-Hubeau, Head of Division,                   (Rapporteur) S. von Bahr and C.W.A. Timmermans, Judges;
for the Registrar, has given a judgment on 16 October 2001,                L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given
in which it has ruled:                                                     a judgment on 25 October 2001, in which it: