CELEX: C2002/289/28
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-352/02: Action brought on 2 October 2002 by the Commission of the European Communities against the Hellenic Republic

23.11.2002             EN                   Official Journal of the European Communities                                      C 289/17
Action brought on 2 October 2002 by the Commission of                  Reference for a preliminary ruling by the Tribunal du
the European Communities against the Hellenic Republic                 Travail de Nivelles, Section de Nivelles — 2ème Chambre
                                                                       by judgment of that Court of 24 September 2002 in
                                                                       the case of Anne Hennecart against Office National de
                                                                                                    l’Emploi
                         (Case C-352/02)
                                                                                               (Case C-356/02)
                         (2002/C 289/28)
                                                                                               (2002/C 289/29)
                                                                       Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought before             European Communities by judgment of the Tribunal du Travail
the Court of Justice of the European Communities on 2 Octo-            de Nivelles, Section de Nivelles — 2ème Chambre (Labour
ber 2002 by the Commission of the European Communities,                Court of Nivelles, Nivelles Section — 2nd Chamber) (Belgium)
represented by Minas Konstantinidis, of its Legal Service.             of 24 September 2002, received at the Court Registry on
                                                                       3 October 2002, for a preliminary ruling in the case of Anne
                                                                       Hennecart against Office National de l’Emploi on the following
                                                                       question:
The Commission claims that the Court should:
                                                                       Does Community law — and more particularly the principles
                                                                       of citizenship and of freedom of movement of citizens
—     declare that, by failing to adopt, and in any event to           provided for by Articles [17] and 18 of the EC Treaty —
      communicate, the laws, regulations and administrative            preclude the accrual and continuation of entitlement to a
      provisions necessary to comply with Directive 2000/14/           social security benefit conferred by a Member State, the
      EC ( 1) of the European Parliament and of the Council of         recipient not being required to remain available on the
      8 May 2000 on the approximation of the laws of the               employment market of that State, being made subject to a
      Member States relating to the noise emission in the              condition of residence or habitual residence within that State?
      environment by equipment for use outdoors, the Hellenic
      Republic has failed to fulfil its obligations under that
      directive;
—     order the Hellenic Republic to pay the costs.
                                                                       Reference for a preliminary ruling by the Supremo
                                                                       Tribunal Administrativo by order of that Court of 3 July
                                                                       2002 in the appeal brought by Fazenda Pública against
                                                                                        Sonae Distribução SGPS, SA
Pleas in law and main arguments
                                                                                               (Case C-357/02)
The Member States are required by the binding character of
                                                                                               (2002/C 289/30)
the third paragraph of Article 249 EC and Article 10 EC to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That time-limit expired on 3 July 2001                 Reference has been made to the Court of Justice of the
without the Hellenic Republic having notified to the Com-              European Communities by order of the Supremo Tribunal
mission the provisions transposing the directive in question           Administrativo (Supreme Administrative Tribunal) of 3 July
into national law.                                                     2002, received at the Court Registry on 3 October 2002, for a
                                                                       preliminary ruling in the appeal brought by Fazenda Pública
                                                                       against Sonae Distribução SGPS, SA on the following question:
( 1) OJ L 162 of 3.7.2000, p. 1.                                       Are Articles 1 and 2 of Order No 904/95 of 18 July 1995 and
                                                                       Article 408(1) of the Código do Mercado de Valores Mobiliá-
                                                                       rios (approved by Decreto-lei No 142-A/91 of 10 April 1991,
                                                                       in the version in force at the material time rather than the later
                                                                       version approved by Decreto-lei No 486/99 of 13 November