CELEX: C2003/083/22
Language: en
Date: 2003-04-05 00:00:00
Title: Case C-63/03: Action brought on 14 February 2003 by the Commission of the European Communities against the Kingdom of the Netherlands

5.4.2003                EN                         Official Journal of the European Union                                          C 83/13
Does national legislation (Decree-Law No 324 of 10 September               Action brought on 14 February 2003 by the Commission
1998, unconverted, and Article 43(7) of Law No 448 of                      of the European Communities against the Kingdom of
23 December 1998) which, by setting aside the ordinary law                                              Belgium
that permits continuation of the employment relationship,
allows an undertaking (Ferrovie dello Stato SpA) to dismiss its
older employees — thereby creating a situation in which the
undertaking can save on labour costs (salaries and insurance                                        (Case C-65/03)
obligations), with an immediate resulting burden to the State
in the form of reduced contribution revenue and the payment
of pensions to dismissed workers — fall within the concept of
                                                                                                    (2003/C 83/23)
aid that is incompatible with the common market within the
meaning of Article 87 of the Treaty?
                                                                           An action against the Kingdom of Belgium was brought
                                                                           before the Court of Justice of the European Communities on
                                                                           14 February 2003 by the Commission of the European
Action brought on 14 February 2003 by the Commission                       Communities, represented by D. Martin, acting as Agent, with
of the European Communities against the Kingdom of the                     an address for service in Luxembourg.
                             Netherlands
                           (Case C-63/03)
                                                                           The applicant claims that the Court should:
                           (2003/C 83/22)
                                                                           —     declare that, by not adopting the measures necessary to
                                                                                 ensure that holders of secondary education qualifications
                                                                                 obtained in the other Member States may be admitted
An action against the Kingdom of the Netherlands was brought                     to higher education organised by the Belgian French-
before the Court of Justice of the European Communities on                       speaking Community on the same terms as holders of
14 February 2003 by the Commission of the European                               the CESS (certificat d’enseignement secondaire supérieur),
Communities, represented by W. Wils, acting as Agent.                            the Kingdom of Belgium has failed to fulfil its obligations
                                                                                 under Articles 12, 149 and 150 EC.
The applicant claims that the Court should:
                                                                           —     order the Kingdom of Belgium to pay the costs.
1.     Declare that, by failing to bring into force the laws,
       regulations and administrative provisions necessary to
       comply with Directive 98/71/EC ( 1) of the European
       Parliament and of the Council of 13 October 1998 on
       the legal protection of designs, or in any event by failing
       to forward those provisions to the Commission, the                  Pleas in law and main arguments
       Kingdom of the Netherlands has failed to fulfil its
       obligations under that directive;
2.     Order the Kingdom of the Netherlands to pay the costs.              The Belgian authorities in question require holders of diplomas
                                                                           and qualifications attesting to the completion of secondary
                                                                           studies in other Member States (with the exception of the
                                                                           Grand-Duchy of Luxembourg), who are nationals of other
Pleas in law and main arguments                                            Member States and who wish to be admitted to higher
                                                                           education in Belgium, to sit and pass an aptitude test unless,
                                                                           by way of an additional requirement, they are able to
The period within which the directive had to be transposed                 demonstrate that they have been granted admission in their
expired on 28 October 2001.                                                country of origin to the desired university faculty without an
                                                                           entrance examination or other form of restriction of admission.
                                                                           The Commission considers that this practice is discriminatory
( 1) Directive 98/71/EC of the European Parliament and of the Council      and contrary to the articles cited in the above claims.
     of 13 October 1998 on the legal protection of designs (OJ 1998
     L 289, p. 28).