CELEX: C2002/084/30
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 22 January 2002 in Case C-31/00 (Reference for a preliminary ruling from the Cour de Cassation): Conseil National de l'Ordre des Architectes v Nicolas Dreessen (Reference for a preliminary ruling — Articles 10 EC and 43 EC — National legislation restricting access to the profession of architect to the possession of a diploma or professional qualification — Community national holding a diploma not listed in Directive 85/384/EEC — Obligation on the host Member State when presented with an application to practise the profession of architect on its territory to make a comparison between the specialised knowledge and abilities certified by the diploma and the experience acquired, and the qualifications required by its national legislation)

6.4.2002                  EN                    Official Journal of the European Communities                                            C 84/19
Kauer and Pensionsversicherungsanstalt der Angestellten, on                                  JUDGMENT OF THE COURT
the interpretation of Article 94(1), (2) and (3) of Council
Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed persons, to                                        (Fifth Chamber)
self-employed persons and to members of their families
moving within the Community, as amended and updated by
Council Regulation (EC) No 118/97 of 2 December 1996 (OJ
1997 L 28, p. 1), the Court (Fifth Chamber), composed of:                                            22 January 2002
S. von Bahr, President of the Fourth Chamber, acting for the
President of the Fifth Chamber, D.A.O. Edward, A. La Pergola,
L. Sevón and M. Wathelet (Rapporteur), Judges, Advocate                   in Case C-31/00 (Reference for a preliminary ruling from
General: F.G. Jacobs, Registrar: H.A. Rühl, Principal Adminis-             the Cour de Cassation): Conseil National de l’Ordre des
trator, has given a judgment on 7 February 2002, in which it                              Architectes v Nicolas Dreessen (1)
has ruled:
                                                                           (Reference for a preliminary ruling — Articles 10 EC and
                                                                           43 EC — National legislation restricting access to the
                                                                           profession of architect to the possession of a diploma or
Article 94(2) of Council Regulation (EEC) No 1408/71 of 14 June            professional qualification — Community national holding a
1971 on the application of social security schemes to employed             diploma not listed in Directive 85/384/EEC — Obligation
persons, to self-employed persons and to members of their families         on the host Member State when presented with an application
moving within the Community, in the version amended and updated            to practise the profession of architect on its territory to make
by Council Regulation (EC) No 118/97 of 2 December 1996, read              a comparison between the specialised knowledge and abilities
in conjunction, depending on the case, with Articles 8a, 48 and 52         certified by the diploma and the experience acquired, and the
of the EC Treaty (now, after amendment, Articles 18 EC, 39 EC and                 qualifications required by its national legislation)
43 EC), is to be interpreted as precluding application of a Member
State’s legislation under which child-raising periods completed in
another State party to the Agreement on the European Economic
                                                                                                       (2002/C 84/30)
Area of 2 May 1992 or in another Member State of the European
Union are not treated as substitute periods for the purposes of old-
age insurance unless
                                                                                                (Language of the case: French)
—     they were completed after the entry into force of that regulation    (Provisional translation; the definitive translation will be published
      in the first State, and                                                                  in the European Court Reports)
—     the applicant receives, or received, for the children concerned,
      cash maternity allowances or equivalent allowances under the         In Case C-31/00: Reference to the Court under Article 234 EC
      legislation of that same State,                                      by the Cour de Cassation (Belgium) for a preliminary ruling in
                                                                           the proceedings pending before that court between Conseil
                                                                           National de l’Ordre des Architectes and Nicolas Dreessen on
                                                                           the interpretation of Articles 10 EC and 43 EC, the Court (Fifth
                                                                           Chamber), composed of: P. Jann, President of the Chamber,
when such periods completed in national territory are treated as           S. von Bahr, D.A.O. Edward (Rapporteur), A. La Pergola and
substitute periods for the purposes of old-age insurance without any       C.W.A. Timmermans, Judges, Advocate General: P. Léger,
limitation in time or any other condition.                                 Registrar: H.A. Rühl, Principal Administrator, has given a
                                                                           judgment on 22 January 2002, in which it has ruled:
                                                                           Article 43 EC is to be interpreted as meaning that where a
                                                                           Community national applies to the competent authorities of a
(1) OJ C 102 of 8.4.2000.                                                  Member State for authorisation to practise a profession, access to
                                                                           which depends, under national legislation, on the possession of a
                                                                           diploma or professional qualification or on periods of practical
                                                                           experience, those authorities are required to take into consideration
                                                                           all of the diplomas, certificates and other evidence of formal
                                                                           qualifications of the person concerned, and his relevant experience, by
                                                                           comparing the specialised knowledge and abilities so certified, and
                                                                           that experience, with the knowledge and qualifications required by
 ---pagebreak--- C 84/20                  EN                      Official Journal of the European Communities                                           6.4.2002
the national legislation, even where a directive on the mutual              1.    Declares that, by not drawing up waste management plans
recognition of diplomas has been adopted for the profession concerned,            covering the whole of its territory and complying with all the
but where application of that directive does not result in automatic              provisions of Council Directive 75/442/EEC of 15 July 1975
recognition of the applicant’s qualification or qualifications.                   on waste, as amended by Council Directive 91/156/EEC of
                                                                                  18 March 1991, of Council Directive 91/689/EEC of
                                                                                  12 December 1991 on hazardous waste, and of Directive
                                                                                  94/62/EC of the European Parliament and Council of
(1) OJ C 102 of 8.4.2000.
                                                                                  20 December 1994 on packaging and packaging waste, and/or
                                                                                  by not informing the Commission thereof, the United Kingdom
                                                                                  of Great Britain and Northern Ireland has failed to fulfil its
                                                                                  obligations under Article 7 of Directive 75/442, as amended
                                                                                  by Directive 91/156, Article 6 of Directive 91/689 and,
                                                                                  leaving aside Gibraltar, under Article 14 of Directive 94/62.
                                                                            2.    Orders the United Kingdom of Great Britain and Northern
                  JUDGMENT OF THE COURT                                           Ireland to pay the costs.
                         (Second Chamber)                                   (1) OJ C 102 of 8.4.2000.
                          24 January 2002
in Case C-35/00: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
                              Ireland (1)
                                                                                             JUDGMENT OF THE COURT
(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC,
  91/689/EEC and 94/62/EC — Waste management plans)                                                   (Fifth Chamber)
                           (2002/C 84/31)                                                             15 January 2002
                    (Language of the case: English)                         in Case C-43/00 (Reference for a preliminary ruling
                                                                            from the Vestre Landsret): Andersen og Jensen ApS v
                                                                                                   Skatteministeriet (1)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            (Approximation of laws — Directive 90/434/EEC — Com-
                                                                            mon system of taxation applicable to mergers, divisions,
                                                                            transfers of assets and exchanges of shares — Transfer of
In Case C-35/00, Commission of the European Communities                               assets or of a branch of activity — Meaning)
(agents: R. B. Wainwright and L. Ström) v United Kingdom of
Great Britain and Northern Ireland (agent: R. Magrill, assisted
                                                                                                       (2002/C 84/32)
by D. Wyatt, QC): Application for a declaration that, by not
drawing up waste management plans complying with all the
provisions concerning waste of Council Directive 75/442/EEC                                     (Language of the case: Danish)
of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended
by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991
L 78, p. 32), of Council Directive 91/689/EEC of 12 December                (Provisional translation; the definitive translation will be published
1991 on hazardous waste (OJ 1991 L 377, p. 20), and of                                         in the European Court Reports)
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste (OJ
1994 L 365, p. 10), and/or by not informing the Commission
thereof, the United Kingdom of Great Britain and Northern                   In Case C-43/00: reference to the Court under Article 234 EC
Ireland has failed to fulfil its obligations under Article 7 of             by the Vestre Landsret (Denmark) for a preliminary ruling in
Directive 75/442, as amended by Directive 91/156, Article 6                 the proceedings pending before that court between Andersen
of Directive 91/689 and Article 14 of Directive 94/62, the                  og Jensen ApS and Skatteministeriet on the interpretation of
Court (Second Chamber), composed of: N. Colneric, President                 Article 2(c) and (i) of Council Directive 90/434/EEC of 23 July
of the Chamber, R. Schintgen and V. Skouris (Rapporteur),                   1990 on the common system of taxation applicable to
Judges, Advocate General: A. Tizzano, Registrar: R. Grass, has              mergers, divisions, transfers of assets and exchanges of shares
given a judgment on 24 January 2002, in which it:                           concerning companies of different Member States (OJ 1990