CELEX: C2001/173/49
Language: en
Date: 2001-06-16 00:00:00
Title: Case C-151/01 P: Appeal brought on 9 April 2001 by S.C.E.A. La Conqueste against the order made on 30 January 2001 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-215/00 between S.C.E.A. La Conqueste and the Commission of the European Communities

16.6.2001               EN                     Official Journal of the European Communities                                            C 173/29
      harmonised at Community level may be subject to                     The appellant claims that the Court should:
      provisions justified in the general interest such as rules
      concerning organisation of the profession, qualification            —     set aside the order of the Court of First Instance of the
      and professional conduct, the Commission considers that                   European Communities of 30 January 2001;
      the French legislation lays down disproportionate and
      excessively restrictive conditions for the exercise in France       —     order the European Commission to pay all the costs, with
      of the profession in question by intellectual property                    all the legal consequences which that entails.
      advisers lawfully established in another Member State and
      supplying services in France on an isolated occasion.
      Other measures — less restrictive than mandatory entry              Pleas in law and main arguments
      on a register preceded by an examination — could be
      envisaged, for example:                                             —     Error of law: given the structure of the appellant com-
                                                                                pany’s production chain, which is unique in the south-
      1.    a requirement to practice under the home-country                    west, the Court of First Instance should have specifically
            title;                                                              examined whether, as at the date of its adoption, the
                                                                                contested regulation particularly affected the appellant.
      2.    a requirement that the person practising the pro-
            fession produces his qualification;                           —     Distortion of the appellant’s claims.
                                                                          —     Absence of a sufficient statement of reasons for the ruling
      3.    a declaration system (such as that provided for in                  on the plea alleging disregard of the right to seek effective
            Article 22 of Council Directive 85/384/EEC on the                   relief by bringing proceedings: the contested order does
            mutual recognition of architects’ qualifications) (2).              not deal with the appellant’s argument that the Com-
                                                                                mission’s interpretation of Article 7 of Regulation
—     Infringement of Article 49 EC by imposing residence or                    No 2081/92 (1), to the effect that that article restricts the
      a place of business in France as a condition for the supply               right to object to the procedure at Member State level,
      of services there on an isolated occasion.                                disregards the right to seek effective relief by bringing
                                                                                proceedings.
                                                                          —     Misinterpretation of Article 7 of Regulation No 2081/92:
(1) OJ L 19, 24.1.1989, p. 16.                                                  disregard by the Community legal order of the guaranteed
(2) Council Directive 85/384/EEC on the mutual recognition of                   right to seek effective relief by bringing proceedings,
    diplomas, certificates and other evidence of formal qualifications          which constitutes a general legal principle: the effect of a
    in architecture, including measures to facilitate the effective             failure to act on the part of a Member State must be such
    exercise of the right of establishment and freedom to provide               as to permit an undertaking which otherwise fulfils the
    services (OJ No L 223, 21.8.1985, p. 15).
                                                                                admissibility requirements laid down by Article 7(4) to
                                                                                raise an objection with the Commission.
                                                                          (1) Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of
                                                                              geographical indications and designations of origin for agricultural
                                                                              products and foodstuffs (OJ L 208 of 24.7.1992, p. 1).
Appeal brought on 9 April 2001 by S.C.E.A. La Conqueste
against the order made on 30 January 2001 by the Fifth
Chamber of the Court of First Instance of the European
Communities in Case T-215/00 between S.C.E.A. La Con-
queste and the Commission of the European Communities
                                                                          Reference for a preliminary ruling by the Sozialgericht
                                                                          Leipzig by order of that court of 30 March 2001 in the
                         (Case C-151/01 P)                                    case of Karen Mau against Bundesanstalt für Arbeit
                          (2001/C 173/49)                                                           (Case C-160/01)
An appeal against the order made on 30 January 2001 by the                                          (2001/C 173/50)
Fifth Chamber of the Court of First Instance of the European
Communities in Case T-215/00 between S.C.E.A. La Conqueste                Reference has been made to the Court of Justice of the
and the Commission of the European Communities was                        European Communities by order of the Sozialgericht Leipzig
brought before the Court of Justice of the European Communi-              (Social Court, Leipzig) of 30 March 2001, received at the Court
ties on 9 April 2001 by S.C.E.A. La Conqueste, represented by             Registry on 12 April 2001, for a preliminary ruling in the case
A. Lyon-Caen, F. Fabiani and F. Thiriez, avocats, with an                 of Karen Mau against the Bundesanstalt für Arbeit (Federal
address for service in Paris.                                             Labour Office) on the following questions: