CELEX: C2003/226/13
Language: en
Date: 2003-09-20 00:00:00
Title: Case C-307/03: Action brought on 18 July 2003 by the Italian Republic against Commission of the European Communities

20.9.2003             EN                          Official Journal of the European Union                                            C 226/9
Action brought on 18 July 2003 by the Italian Republic                   1.   Where the period for calculation of the basis of contribu-
    against Commission of the European Communities                            tion for unemployment benefit coincided with exercise of
                                                                              the right to reduced working hours and salary in order to
                        (Case C-307/03)                                       care for a child, does the correct transposition of clause 2
                                                                              (8) of the framework agreement contained in Directive
                        (2003/C 226/13)                                       96/34 (1) into the domestic law of Member States, and
                                                                              specifically into Spanish law, require those States to adopt
An action against the Commission of the European                              in social security legislation relating specifically to unem-
Communities was brought before the Court of Justice of the                    ployment benefit measures to offset the effect of the lower
European Communities on 18 July 2003 by the Italian                           contribution to the social security scheme as a result of the
Republic, represented by Ivo M. Braguglia, acting as Agent,                   reduced salary received by a worker exercising that right,
assisted by Maurizio Fiorilli, Avvocato dello Stato.                          so as not to cause the worker's unemployment benefit to
                                                                              be reduced?
The applicant claims that the Court should:
                                                                         2.   Should the preceding question be answered affirmatively,
—     Annul the financial correction imposed against Italy by
      Commission Decision No C(2003) 1539 final of 15 May
      2003.                                                                   Can failure to comply with the duty under clause 2(8) of
                                                                              the framework agreement contained in Directive 96/34,
Pleas in law and main arguments                                               once the time-limit established in Article 2 of the Directive
                                                                              for its transposition has expired, be remedied directly by
First, the applicant claims that the spot checks were of poor                 the national court in the proceedings in which these
quality: it disagrees with the findings of the Commission's                   preliminary questions are raised, in the decision adopted
officials as regards the procedure and effectiveness of the                   to determine those proceedings?
checks carried out.
As regards failure to repay aid in respect of non-eligible areas,
the applicant maintains that financial corrections may not be            (1) Council Directive 96/34/EC of 3 June 1996 on the framework
made where the Member State has kept to measures agreed                      agreement on parental leave concluded by UNICE, CEEP and the
with the Commission and improved checking procedures, as                     ETUC (OJ L 145 of 19.6.1996, p. 4).
admitted by the Commission and as shown by the fact that it is
sought to confer retroactive effectiveness to the scope of check-
ing procedures which have been gradually improved.
Finally, the applicant maintains that the contested decision is
vitiated by misapplication of Article 9(3) of Regulation                 Action brought on 23 July 2003 by the Commission of the
No 3887/92 (1) (areas to be used for calculation of the aid).                European Communities against the Italian Republic
                                                                                                   (Case C-313/03)
                                                                                                   (2003/C 226/15)
(1) OJ L 391, 31.12.1992, p. 36.
                                                                         An action against the Italian Republic was brought before the
                                                                         Court of Justice of the European Communities on 23 July 2003
                                                                         by the Commission of the European Communities, represented
                                                                         by M.-J. Jonczy, acting as Agent.
Reference for a preliminary ruling by the Juzgado de lo
Social No 33 by order of that Court of 8 July 2003 in the                The applicant claims that the Court should:
case of Ana Isabel López Gil against Instituto Nacional de
                         Empleo (Inem)                                   —     find that, by failing to adopt the laws, regulations and
                                                                               administrative provisions necessary to comply with Council
                        (Case C-309/03)                                        Directive 1999/63/EC (1) of 21 June 1999 concerning the
                                                                               Agreement on the organisation of working time of seafarers
                        (2003/C 226/14)                                        concluded by the European Community Shipowners"
                                                                               Association (ECSA) and the Federation of Transport
Reference has been made to the Court of Justice of the                         Workers" Unions in the European Union (FST) — Annex:
European Communities by order of the Juzgado de lo Social                      European Agreement on the organisation of working time of
(Social Court) No 33 of 8 July 2003, received at the Court                     seafarers, or in any event, by failing to communicate any
Registry on 23 July 2003, for a preliminary ruling in the case of              such provisions to the Commission, the Italian Republic has
Ana Isabel López Gil against Instituto Nacional de Empleo                      failed to satisfy its obligations under Article 3(1) of that
(Inem) on the following questions:                                             directive;